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Part IB of the Crimes Act 1914 (Cth)

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Last Updated:8 February 2008

List of subheadings:

Sentencing Options Not Available for a Federal Offence
Federal Sentencing Options
- Table of Federal Sentencing Options

Commentary on Sentencing Options under the Crimes Act 1914 (Cth)

Sentencing Options Not Available for a Federal Offence

'Conviction only' is not available when sentencing a federal offender: see Darter v Diden [2006] SASC 152, [16].

Corporal Punishment is prohibited for a federal offence: Crimes Act 1914 (Cth) s16D.

A person under the age of 18 convicted of a federal offence shall not be sentenced to death: Crimes Act 1914 (Cth) s 20C(2). See further Sentencing children or young persons.

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Federal Sentencing Options

In determining the sentence to be passed, the Court must impose a sentence, or make an order, that is of a severity appropriate in all circumstances of the offence: Crimes Act 1914 (Cth) s 16A(1).

The Court must also have regard to s 16A(3) which provides that:

... in determining whether a sentence or order under subsection 19B(1), 20(1) or 20AB(1) is the appropriate sentence or order to be passed or made in respect of a federal offence, the court must have regard to the nature and severity of the conditions that may be imposed on, or may apply to, the offender, under that sentence or order.

The table (below) provides a quick reference to the federal sentencing options that are available when sentencing federal offenders.

- if you click on a section you will be taken to that section in the Crimes Act 1914 (Cth)

- if you click on an option you will be taken to commentary in the Commonwealth Sentencing 'Practice and Principles'

Note: there are specific federal provisions governing the sentencing of persons with a mental illness or intellectual disability.

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Table of Federal Sentencing Options

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