Sentences

The types of sentences that the Courts may impose for State Offences are:

  • Adjourned Undertaking (otherwise known as a Good Behaviour Bond) – with or without conviction;
  • Fine – with or without conviction;
  • Community Corrections Order – with or without conviction;
  • Imprisonment- with conviction.

The Court may also place you on deferred sentence for any reason it chooses. The most common reason is that the Court would like to provide you with an opportunity to be of good behaviour whilst on bail or summons.

Mandatory Sentences 

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.

Ancillary Orders 

The Prosecution can also apply for an Ancillary Order. This is in addition to a sentence and can include:

  • Restitution
  • Forfeiture of Property, Drugs or Weapons
  • An Order for Further Impoundment of the Car
  • Forfeiture of Car
  • Registration on the Sex Offenders Register
  • Alcohol Exclusion Order

**Please note that this is not an exclusive list of ancillary orders.

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.

Diversion

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:

  • The offence is heard and determined in the Summary Jurisdiction;
  • The Accused enters a plea of guilty;
  • The charge must not attract a mandatory sentence;

Police Prosecutions will usually consider Diversion

  • If the charge is appropriate;
  • You have no priors, cautions or have not been subject to a previous diversion program
  • The Informant and their Sergeant are supportive of that recommendation

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.

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Grant Hutchinson

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