6Factors to be considered in determining offender's character

6 Factors to be considered in determining offender's character In determining the character of an offender a court may consider (among other things)— (a) the number, seriousness, date, relevance and nature of any previous findings of guilt or convictions of the offender; and (b) the general reputation of the offender; and (c) any significant contributions made by the offender to the community. Note to s. 6 inserted by No. 32/2024 s. 840. A court must not use an offender's spent childhood conviction (within the meaning of the **Spent Convictions Act 2021**), or information about the conduct to which an offender's spent childhood conviction relates, for the purpose of assessing the character of the offender in a way that is adverse to the offender—see section 24C of that Act. S. 6AAA inserted by No. 8/2008 s. 3. 6AAA Sentence discount for guilty plea (a) in sentencing an offender, a court imposes a less severe sentence than it would otherwise have imposed because the offender pleaded guilty to the offence; and (b) the sentence imposed on the offender is or includes— (i) an order under Division 2 of Part 3; or S. 6AAA (1)(b)(ia) inserted by No. 65/2016 s. 5. (ia) an order that the offender serve a term of imprisonment; or S. 6AAA (1)(b)(ib) inserted by No. 65/2016 s. 5. (ib) a community correction order for a period of 2 years or more; or (ii) a fine exceeding 10 penalty units; or (iii) an aggregate fine exceeding 20 penalty units— the court must state the sentence and the non‑parole period, if any, that it would have imposed but for the plea of guilty. (2) If an offender is sentenced for more than one offence in the same proceeding and subsection (1)(a) and (b) apply, the court must state, in respect of any total effective period of imprisonment— (a) the sentence; and (b) the non-parole period, if any— that it would have imposed but for the plea of guilty and need not state those matters in respect of each offence. (3) In the case of a sentence other than a sentence referred to in subsection (1)(b), the court may state the sentence that it would have imposed but for the plea of guilty. S. 6AAA(4) amended by No. 22/2009 s. 5, substituted by No. 48/2012 s. 43. (4) If the court makes a statement under this section, it must record or cause to be recorded (whether in writing or another form) the matters stated under subsection (1), (2) or (3), as the case may be. (5) For the purposes of this section, an aggregate sentence imposed in respect of two or more offences is to be treated as a sentence imposed in respect of one offence. Pt 2AA (Heading and ss 6AA–6AG) inserted by No. 13/2003 s. 4. Part 2AA—Guideline judgments S. 6AA inserted by No. 13/2003 s. 4. 6AA Definition S. 6AA def. of *guideline judgment* amended by No. 34/2017 s. 38. ***guideline judgment*** means a judgment that is expressed to contain guidelines to be taken into account by courts in sentencing offenders for offences (other than offences against a law of the Commonwealth), being guidelines that apply— (a) generally; or (b) to a particular court or class of court; or (c) to a particular offence or class of offence; or (d) to a particular penalty or class of penalty; or (e) to a particular class of offender. S. 6AB inserted by No. 13/2003 s. 4. 6AB Power of Court of Appeal to give or review guideline judgments (1) On hearing and considering an appeal against sentence, the Court of Appeal may (on its own initiative or on an application made by a party to the appeal) consider whether— (a) to give a guideline judgment; or (b) to review a guideline judgment given by it in a previous proceeding. (2) On a review of a guideline judgment, the Court of Appeal may— (a) confirm the guideline judgment; or (b) vary the guideline judgment; or (c) revoke the guideline judgment; or (d) substitute the guideline judgment with a new guideline judgment. (3) The Court of Appeal may give or review a guideline judgment even if it is not necessary for the purpose of determining any appeal in which the judgment is given or reviewed. (4) A decision of the Court of Appeal to give or review a guideline judgment must be a unanimous decision of the Judges constituting the Court. (5) A guideline judgment may be given separately to, or included in, the Court of Appeal's judgment in an appeal. (6) Nothing in this Part requires the Court of Appeal to give or review a guideline judgment if it considers it inappropriate to do so. S. 6ABA inserted by No. 34/2017 s. 39. 6ABA Guideline judgments on application of Attorney‑General (1) The Attorney-General may apply to the Court of Appeal for it to give a guideline judgment, or review a guideline judgment previously given by it, if the Attorney-General believes that— (a) a guideline judgment is required to be given or reviewed to address a broad or systemic sentencing issue; and (b) the making of the application is in the public interest. (2) An application is not to be made in respect of any proceeding before any court or with respect to a particular offender. (3) An application may include submissions with respect to the framing of the proposed guideline judgment. (4) The Court of Appeal must state the reasons if it refuses to give or review a guideline judgment on an application under this section. (5) A guideline judgment given or reviewed on an application under this section must be given or reviewed separately from any proceeding before the Court with respect to a particular offender. S. 6AC inserted by No. 13/2003 s. 4, amended by No. 34/2017 s. 40(2) (ILA s. 39B(1). 6AC Content of guideline judgment (1) A guideline judgment may set out— (a) criteria to be applied in selecting among various sentencing alternatives; (b) the weight to be given to the various purposes specified in section 5(1) for which a sentence may be imposed; (c) the criteria by which a sentencing court is to determine the gravity of an offence; (d) the criteria which a sentencing court may use to reduce the sentence for an offence; (e) the weighting to be given to relevant criteria; S. 6AC(1)(ea) inserted by No. 52/2014 s. 6, repealed by No. 34/2017 s. 7, new s. 6AC(1)(ea) inserted by No. 34/2017 s. 20. (ea) guidelines for sentencing offenders for standard sentence offences; S. 6AC(1)(eb) inserted by No. 34/2017 s. 40(1). (eb) guidelines as to the appropriate level or range of sentences for a particular offence or class of offence; (f) any other matter consistent with the principles contained in this Act. S. 6AC(2) inserted by No. 34/2017 s. 40(2). (2) Counsel for the prosecution or the defence may make a submission to a court considering the sentence for an offence, on the level or range of sentences that could be imposed for it, if that level or range has been set out in a guideline judgment. S. 6AC(3) inserted by No. 34/2017 s. 40(2). (3) Subsections (1)(eb) and (2) have effect despite any rule of law or practice to the contrary and any such rule is abolished. S. 6AD inserted by No. 13/2003 s. 4, amended by No. 34/2017 s. 41(1)(2) (ILA s. 39B(1). 6AD Procedural requirements (1) If the Court of Appeal is considering (including on an application by the Attorney-General under section 6ABA) whether to give or review a guideline judgment or decides to give or review a guideline judgment it must— (a) cause the Sentencing Advisory Council to be notified and consider any views stated in writing, within the period specified in the notification, by that Council; and (b) give— S. 6AD(1)(b)(i) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (i) the Director of Public Prosecutions or a lawyer representing the Director; and S. 6AD(1)(b)(ii) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (ii) a lawyer representing Victoria Legal Aid, whether or not employed by Victoria Legal Aid, or a lawyer arranged by Victoria Legal Aid— an opportunity to appear before the Court and make a submission on the matter. S. 6AD(2) inserted by No. 34/2017 s. 41(2). (2) In specifying a period for the purposes of subsection (1)(a), the Court of Appeal must take into consideration the period reasonably required for the Sentencing Advisory Council to— (a) undertake research and statistical analysis; and (b) consult with relevant persons within the criminal justice system as well as the general public. S. 6AD(3) inserted by No. 34/2017 s. 41(2). (3) Views stated by the Sentencing Advisory Council under subsection (1)(a) or a submission made under subsection (1)(b) may include a view or submission with respect to the framing of the proposed guideline judgment. S. 6AE inserted by No. 13/2003 s. 4. 6AE Matters to which Court of Appeal must have regard In considering the giving of, or in reviewing, a guideline judgment the Court of Appeal must have regard to— (a) the need to promote consistency of approach in sentencing offenders; and (b) the need to promote public confidence in the criminal justice system; and S. 6AE(c) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (c) any views stated by the Sentencing Advisory Council and any submissions made by the Director of Public Prosecutions or a lawyer under section 6AD. S. 6AF inserted by No. 13/2003 s. 4, amended by No. 68/2009 s. 97(Sch. item 110.5). 6AF Use of evidence in giving or reviewing guideline judgment Nothing in Part 6.3 of Chapter 6 of the **Criminal Procedure Act 2009** limits the evidence or other matters that the Court of Appeal may take into consideration in giving or reviewing a guideline judgment and the Court may inform itself as it sees fit. S. 6AG inserted by No. 13/2003 s. 4. 6AG Relationship between guideline judgments and other sentencing matters A guideline in a guideline judgment— (a) is additional to any other matter that is required to be taken into account under Part 2; and (b) does not limit or take away from any such requirement. Pt 2A (Heading and ss 6A–6F) inserted by No. 48/1997 s. 6.