Victorian Current Acts

SENTENCING ACT 1991 - SECT 70

    (1)     An order may be made under this Division—

        (a)     to provide for the rehabilitation of an offender by allowing the sentence to be served in the community unsupervised;

        (b)     to take account of the trivial, technical or minor nature of the offence committed;

S. 70(1)(ba) inserted by No. 31/2013 s. 9(1).

        (ba)     to allow for the offender to demonstrate his or her remorse in a manner agreed to by the court;

        (c)     to allow for circumstances in which it is inappropriate to record a conviction;

        (d)     to allow for circumstances in which it is inappropriate to inflict any punishment other than a nominal punishment;

        (e)     to allow for the existence of other extenuating or exceptional circumstances that justify the court showing mercy to an offender.

S. 70(2) inserted by No. 48/1997 s. 20(2).

    (2)     For the purpose of any proceedings under Subdivision (4), an order made under this Division on appeal by the Court of Appeal must be taken to have been made by the court from whose decision the appeal was brought.