33Sentencing—relevant considerations

33 Sentencing—relevant considerations (1) In deciding how an offender should be sentenced (if at all) for an offence, a court must consider whichever of the following matters are relevant and known to the court: (a) the nature and circumstances of the offence; (b) any other offences required or allowed to be taken into account; (c) if the offence forms part of a course of conduct consisting of a series of criminal acts of the same or a similar character—the course of conduct;

(d) if the personal circumstances of any victim of the offence were known to the offender when the offence was committed—the circumstances; (e) any injury, loss or damage resulting from the offence; (f) the effect of the offence on the victims of the offence, the impact statement; Note 1 For who may make a victim impact statement, see s 49. Note 2 The court must not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not given to the court in relation to the offence (see s 53 (1) (b)). (g) if a victim of the offence was pregnant— (i) whether the offender knew, or ought reasonably to have known, that the victim was pregnant; and (ii) whether the offender intended to cause, or was reckless about causing, loss of or harm to the pregnancy; and (iii) the loss of or harm to the pregnancy; and (iv) whether the offender intended to cause, or was reckless about causing, the death of or harm to a child born alive as a result of the pregnancy; and (v) the death of or harm to a child born alive as a result of the pregnancy; (gb) if the victim of the offence was a vulnerable person— (i) whether the offender knew, or ought reasonably to have known— (A) that the victim was a vulnerable person; or (B) that the victim was a vulnerable person and the extent of the person’s vulnerability; and

(ii) the loss or harm to the vulnerable person; (h) any action the offender may have taken to make reparation for any injury, loss or damage resulting from the offence; (i) the degree of responsibility of the offender for the commission of the offence; (j) a plea of guilty by the offender (see section 35); (k) any assistance by the defence in the administration of justice (see section 35A); (l) any assistance by the offender to law enforcement authorities (see section 36); (m) the cultural background, character, antecedents, age and physical or mental condition of the offender; (n) the financial circumstances of the offender; (o) the probable effect that any sentence or order under consideration would have on any of the offender’s family or dependants; (p) whether the offender was affected by alcohol or a controlled drug when the offence was committed and the circumstances in which the offender became affected; (q) the degree to which the offence was the result of provocation, duress or entrapment; (r) whether the recording of a conviction or the imposition of a particular penalty would be likely to cause particular hardship to the offender; (s) any jury recommendation for mercy; (t) whether the offender is voluntarily seeking treatment for any physical or mental condition that may have contributed to the commission of the offence;