The Purposes of Sanctions (VCE SSCE Legal Studies): Revision Notes
The purposes of sanctions
Introduction to sanctions
When an accused person pleads guilty or is found guilty of a crime, the judge or magistrate must decide on an appropriate penalty. Criminal penalties imposed by courts are known as sanctions.
In Australia, all sanctions must be proportionate to the crime committed. This means the punishment must fit the seriousness of the offence. Different people may have different views on what is "just" - an offender might feel a lenient sentence is fair, while the victim may disagree.
The main law governing sentencing in Victoria is the Sentencing Act 1991 (Vic). This Act sets out the purposes for which sanctions may be imposed.
The principle of parsimony
When imposing a sentence, judges and magistrates must consider the purposes of sanctions but must not impose a sentence that is more severe than necessary to achieve those purposes. This is called the principle of parsimony - it ensures sentences are not excessively harsh.
The five purposes of sanctions
Victorian courts can impose sanctions to achieve one or more of five specific purposes. Courts cannot sentence offenders for any purpose outside these five. Usually, at least two purposes are achieved by any given sentence.
The five purposes are:
- Punishment
- Deterrence
- Denunciation
- Protection
- Rehabilitation
1. Punishment
Punishment is a sanction designed to penalise the offender and show society and the victim that criminal behaviour will not be tolerated.
The purpose of punishment is to penalise offenders for unacceptable conduct. This serves several important functions:
- It provides victims and their families with a sense of justice
- It prevents people from taking the law into their own hands (vigilantism)
- It maintains social order and cohesion
Without an official system of punishment, crime would likely increase as people sought their own justice. Courts therefore ensure offenders receive sanctions that are just and fair given the circumstances of the offending.
Imprisonment and deprivation of freedom represent the ultimate form of punishment in Australian society. Australia has abolished both capital punishment (the death penalty) and corporal punishment (physical punishment), as these are considered inhumane and unacceptable in modern society.
Punishment is particularly important as a sentencing purpose in serious or violent cases, especially those involving death or injury.
2. Deterrence
Deterrence is a sanction designed to discourage the offender and others in the community from committing similar offences.
The law aims to prevent future crime by imposing penalties severe enough that both the offender and the wider community understand the serious consequences of criminal behaviour. There are two types of deterrence:
General deterrence aims to discourage people in general from committing crime. A sentence imposed as a general deterrent sends a message to the whole community about the consequences of particular types of offending.
Specific deterrence aims to stop the particular offender being sentenced from committing further crimes. This is targeted at the individual rather than society as a whole.
Factors affecting general deterrence
For general deterrence to be effective, people must know about and understand the sentences being imposed. This requires:
- Communication through media and court websites
- Public understanding of what sanctions mean (people understand imprisonment and fines more easily than community correction orders)
Factors affecting specific deterrence
Whether a sanction acts as a specific deterrent depends on the offender's personal circumstances:
- Prior criminal history: Offenders with significant criminal records may be at higher risk of reoffending, making specific deterrence a high priority
- Character and circumstances: First-time offenders of otherwise good character may require less emphasis on specific deterrence
Case Example - Aggravated Burglary (DPP v Kerney [2023])
An offender entered a victim's home with a wooden pole, intending to assault someone. He shouted and banged on the house, frightening the victim and her children.
The County Court judge emphasized general deterrence as important to deter others from entering homes with intent to commit violence. However, specific deterrence was less important because the offender had limited criminal history and good rehabilitation prospects.
3. Denunciation
Denunciation is a sanction designed to demonstrate the community's disapproval of the offender's actions.
When deciding on an appropriate sanction, courts may impose a sentence harsh enough to show their strong disapproval of the criminal conduct. This sends a clear message that such behaviour will not be tolerated by the courts or society.
Denunciation is particularly emphasized in cases involving:
- Offences that many members of society could potentially commit (e.g. theft, tax fraud)
- Family violence offences
Denunciation and family violence
Family violence has become a significant concern in Australia. Statistics show that on average, one woman per week is murdered by her current or former partner. Courts use denunciation to send a strong message about the unacceptability of such violence.
Case Example - Murder of Separated Domestic Partner (DPP v Coman [2023])
An offender murdered his partner when she intended to leave him, stabbing her to death in their home. She was 12 weeks pregnant at the time.
The Supreme Court judge stated that the important sentencing purposes were "just punishment, denunciation and general deterrence." The judge emphasized:
- The sentence must communicate the court's condemnation and disapproval on behalf of the community
- The crime represented another instance of murder of a female domestic partner by an angry male - a distressingly common crime
- The victim should have been free to leave the relationship without facing violence
- The sentence must deter others who might commit serious violence against people (disproportionately women) in domestic settings
Outcome: The offender was sentenced to 25 years in prison with a non-parole period of 20 years.
4. Protection
Protection is a sanction designed to safeguard the community from an offender by preventing them from committing further offences (typically by imprisoning the offender).
The purpose of protection is to ensure public safety by imposing sanctions that prevent offenders from causing further harm. This is typically achieved by removing the offender from society through imprisonment.
While imprisonment is considered a sanction of last resort in Victoria, some offenders receive very long prison terms because courts consider them a danger to society. Factors indicating a need for lengthy imprisonment include:
- Commission of horrendous crimes
- Lack of remorse
- Callous attitude toward offending
These factors suggest the offender should be kept out of society for as long as possible to protect the public.
5. Rehabilitation
Rehabilitation is a sanction designed to reform an offender in order to prevent them from committing offences in the future.
The final purpose of sanctions is to treat and reform offenders. It is in society's best interests to help offenders change their behaviour - otherwise crime rates and prison costs will continue to escalate.
The legal system provides offenders with opportunities for change through:
- Education programs
- Vocational training
- Counselling and treatment
- Support services
The goal is that offenders will grasp these opportunities, change their offending ways, and become law-abiding citizens.
Rehabilitation is particularly important for young offenders, who have greater capacity for change and longer futures ahead of them.
Case Example - Assault at Barwon Prison (R v Hall [2023])
A 21-year-old offender and another prisoner planned and carried out a violent attack on a 45-year-old prisoner, causing serious injuries.
Despite the seriousness of the offending, the Supreme Court judge (Justice Dixon) found the offender had good prospects of rehabilitation based on:
- Time spent in solitary confinement allowing reflection
- A genuine letter of apology
- Expression of remorse
- Sincere engagement with counselling services
- Ongoing family support
The judge emphasized that "rehabilitation is an important purpose of sentencing, especially where young offenders are concerned."
Outcome: The offender was sentenced to seven years' imprisonment with a six-year non-parole period, with rehabilitation as a key focus.
Multiple purposes in sentencing
Courts typically impose sentences that achieve more than one purpose. For example:
- A serious violent crime might emphasize punishment, denunciation, and general deterrence
- A sentence for a young first-time offender might focus on rehabilitation and specific deterrence
- An offender with a history of violence might receive a sentence emphasizing protection and specific deterrence
The combination of purposes depends on:
- The nature and seriousness of the crime
- The offender's criminal history
- The offender's personal circumstances
- The harm caused to victims
- The offender's prospects of rehabilitation
Exam guidance
For "explain" questions:
- Define the relevant purpose(s)
- Explain how the purpose applies to the specific circumstances
- Reference relevant factors from the case
For "evaluate" or "assess" questions:
- Consider which purposes are most appropriate given the circumstances
- Weigh competing purposes (e.g. punishment vs rehabilitation)
- Consider effectiveness - will the sentence actually achieve the stated purpose?
- Reference the principle of parsimony
Common evaluation points:
- Rehabilitation may be more effective for young or first-time offenders
- General deterrence is important for crimes that affect public confidence
- Protection is critical when there is ongoing danger to the community
- Multiple purposes are usually more appropriate than a single focus
Key Points to Remember:
- Sanctions are criminal penalties imposed by courts after a guilty plea or finding of guilt
- The Sentencing Act 1991 (Vic) governs sentencing in Victoria and sets out five purposes for sanctions
- The principle of parsimony means sentences must not be more severe than necessary to achieve their purposes
- The five purposes are: Punishment, Deterrence, Denunciation, Protection, and Rehabilitation
- Punishment penalises offenders and prevents vigilantism; imprisonment is the ultimate punishment in Australia
- Deterrence has two forms: general (discourages society) and specific (discourages the individual offender)
- Denunciation shows the court's and community's disapproval, particularly important for family violence and common crimes
- Protection removes dangerous offenders from society to keep the public safe
- Rehabilitation aims to reform offenders through education, training, and support
- Sentences usually achieve at least two purposes simultaneously
- The appropriate purposes depend on crime seriousness, offender circumstances, criminal history, and rehabilitation prospects