2. What is sentencing?
If an accused pleads guilty or is found to be guilty
after a trial, a judge or magistrate will hand down
a sentence, or “sanction” (aka “punishment”)
The sentence may be imprisonment, a fine,
community service or home detention
The judge or magistrate must consider:
The seriousness of the offence
The mens rea
The need for punishment
Sentences must balance the needs of all parties
The victim
The accused
Society and the State
