Sentencing

What happens when someone is sentenced?

After someone pleads guilty or is found guilty, the judge or magistrate will decide the appropriate penalty. This is known as the sentence, and can include:

  • jail time, conditional release, a fine, or community service
  • repaying money to the Commonwealth and anyone who has lost money due to the offence

When sentencing a defendant, a judge will take into account a Victim Impact Statement if one has been submitted.

  • A Victim Impact Statement is a written or spoken statement that describes the impact of the crime on those affected by it, and the harm the victim suffered as a result. Such harm may include physical, psychological and emotional suffering, economic and other loss, and damage.

What appeals can take place?

A defendant may lodge an appeal against being found guilty and the severity of the sentence. The prosecution can appeal against the sentence imposed.

All appeals must be heard by a higher court.