Sentencing Hearings

All sentencing hearings in relation to criminal charges are governed by the Sentencing Act 2002.

While it is clear within the sentencing policy that the main principle is the protection of the community from crime and the denunciation of such crime, this must not override other considerations.

Here at Liberty Law we ensure that whilst the sentence imposed must take into account the main principles as dictated by the law, there must also be a reasonable relationship to the gravity of the offence and the circumstances of the offender.

We will ensure that all the circumstances of our client are put fully and fairly to the court, including any and all mitigating factors, both to the offending, and personally to the client. As such, the degree of responsibility of our clients with respect to their charges can vary substantially.

Furthermore, the seriousness of the particular offence can vary considerably, and often the Court will want to compare the seriousness of the type of the offence with other similar types of offences, as a reference for sentencing purposes.  At Liberty Law we research up-to-date cases that enable us to show our clients in the best light possible.

The relevant factors of each case taken into consideration by the Court are set out in sections 7 and 8 of the Sentencing Act 2002.  Factors that are particularly relevant are as follows:

(a) To hold the offender accountable for the harm done to the victim.

(b) To promote in the offender a sense of responsibility for an acknowledgement of the harm done.

(c) To provide for the interests of the victim.

(d) To denounce the conduct in which the offender was involved.

(e) To deter the offender and the other persons from committing the same or similar offences.

(f) To protect the community from the offender.

At Liberty Law we are committed to always obtain the best results for our clients.

Learn more about sentencing hearings in the Sentencing Act 2002.