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The Sentencing Advisory Council of Victoria is an independent statutory body that was established by the Victorian Government in 2004 to conduct research on sentencing in Victoria, Australia. [1] The Council comprises a board of between 11 and 14 directors, who are supported by a secretary.
The totality principle is a common law principle which applies when a court imposes multiple sentences of imprisonment. [1] [2] [3] The principle was first formulated by David Thomas [4] in his 1970 study of the sentencing decisions of the Court of Appeal of England and Wales: [1]
Arie Freiberg AM (born 22 August 1949) is an Israeli-born Australian legal academic. He was formerly Dean of Monash Law School from 2004 and retired at the end of 2012. His expertise is in criminal law and criminology and he was the Chair of the Victorian Sentencing Advisory Council from 2004 to 2022. [1]
Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their application may be mandatory for the criminal offenses that they cover. [1]
A presentence investigation report (PSIR) is a legal document that presents the findings of an investigation into the "legal and social background" of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should influence the severity or leniency of a criminal sentence.
Statistics released in 2020 by the Victorian Sentencing Advisory Council show that 67% of people sentenced to prison in Victoria, Australia in 2017–18 spent at least one day in remand, up from 47% in 2011–12. In the same year, of the cases that Victorian courts issued imprisonment orders to, 66% exceeded time served (meaning additional time ...
In 2002 Minogue applied unsuccessfully to the Victorian Civil and Administrative Tribunal (VCAT) and sought copies of prison management and operation manuals. [5] His request was refused, but he was granted access to limited information and restricted to viewing such information while within the prison library.
The Sentencing Council set out a guideline for manslaughter (substituted for charge/finding of murder) by reason of an accepted defence of loss of control. It came in to effect on 1 November 2018. [39] The recommended "offence range" is 3–20 years custody. [39] The maximum is life imprisonment. [39]