Purposes of Sentencing: Community Views in Victoria

This report is the second in a series on community views about crime, courts and sentencing. It presents evidence of the views of a random sample of 300 Victorians about the purposes of sentencing. The report shows that views on the purposes of sentencing are complex and nuanced. Participants in this study do not focus solely on punishment as a purpose of sentencing, but also see rehabilitation as an important purpose of sentencing in certain instances. These findings show that people rate prior offending as a significant aggravating factor. Indeed, members of the community who responded to this survey clearly appreciate the complexities of sentencing for different types of offender and offence. This appreciation and understanding has important implications for sentencers. Judges and magistrates are required to balance the various purposes of sentencing for every offender who comes before them. At the same time, they have to consider community concerns and expectations of what sentencing should achieve. This report provides evidence that, like the judges and magistrates themselves, people adopt an individualised approach to sentencing, tailoring their preferences for the main purpose of sentencing to the circumstances of each specific case before them.