The types of Sentences that the Courts may impose for State Offences are:
The Court may also place you on deferred sentencing for any reason it chooses. The most common reason is that the Court would like to provide you an opportunity to be of good behaviour whilst on bail or summons.
At Hutchinson Legal, you will be provided with advice on the most likely outcome and be informed as to the effects of an ancillary order.
Some offences attract a mandatory, non-negotiable sentence.
This is common in traffic offences where a person loses their licence for a specific period of time when sentenced. Magistrates also have the power under the Sentencing Act 1991 (Vic) to cancel or suspend your licence upon the finding of guilt for any offence.
The Prosecution can also apply for an Ancillary Order. This is in addition to a sentence and can include:
**Please note that this is not an exclusive list of ancillary orders.
The Criminal Justice Diversion Program, commonly known as Diversion, may allow you to avoid a criminal record. It is usually available for first time offenders.
To be eligible for Diversion:
Police Prosecutions will usually consider Diversion
Upon recommendation by the Prosecution, the Court will seek the victim’s input of that recommendation. Once that input is sought, the recommendation will be put before a Magistrate, who will then decide whether to grant Diversion. If Diversion is granted, you will go before the Magistrate to formally adjourn the matter for a period of 12 months to complete the requirements of the Diversion.
However, if the Magistrate decides that Diversion is inappropriate, you should adjourn the matter and obtain legal advice.
At Hutchinson Legal, we are able to assist you with your matter and appear on your behalf at the Diversion.
This depends on several factors. Firstly, the nature of the allegation. Secondly, whether you have been to court previously. Finally, if you have any criminal history. These factors will be considered by the Court in their sentencing.
The Court will look at the seriousness of the offending, whether or not it is going to affect you in the workplace or with social standing and whether you have any prior criminal history. These factors will be considered by the Court in the sentencing.
