According to a NSW Bureau of Crime Statistics and Research report released in October 2015 stated that almost sixty of offenders, both juvenile and adult, are convicted of another offence within ten years of the initial conviction. The courts have the task of sentencing offenders who have committed numerous previous offences. This article will discuss factors and the law in respect of dealing with repeat offenders.The Crimes Act of 1999 is the primary legislation that is applicable to sentencing offenders for having committed criminal offences in New South Wales. In Section 3A of the Crimes Act a list is provided for specifying the purposes of sentencing; some of which include the following:
In order to ensure that the offender is adequately punished for the offence
To prevent crime by deterring the offender and other persons from committing similar offences
So as to protect the community from the offender
To promote rehabilitation of the offender
To make the offender accountable for his or her actions
To denounce the conduct of the offender
In order to recognise the harm done to the victim of the crime and the community
In respect of the statistics related to repeat offenders an important question arises: ‘how much weight is given to a person’s criminal record?’ Generally, common sense would dictate that every time an offender commits an offence he or she should face an even heavier and more severe or serious penalty. The basic idea is that previous penalties and court sanctions have not done the trick and therefore, a tougher penalty is necessary. For example, when an offender comes before a court for the first time being charged with a relatively minor offence like common assault in NSW, the court might extend some leniency by not recording a criminal conviction. However, if the person repeats the offence on a second occasion they would be an expectation that a tougher penalties would be imposed. What are the consequences in the case where the offender needs to be sentenced for common assault for the tenth time?
Case law shows that more emphasis is to be placed upon specific deterrents where the individual has a prior criminal record which shows a continuing attitude of disobedience. As a result, the authorities also recognise that greater emphasis may need to be placed upon retribution and general deterrence for the deterring of others. Where there is a repeat of offences, the imposing of harsher penalties is not to repunish a person for their past offences but the penalties reflect the offender’s continued disregard for the law and the increased need to protect the community.For traffic lawyers in Sydney, the author recommends ETB Legal.