Page 288 - Magistrates Conference 2019
P. 288
Guidelines for Passing Sentence
• The approach of the Courts is to pass sentence on the basis of
considering the extent of the Defendant’s criminality and where
there is an overlap concerning the elements of the offences, a
Defendant should not be punished twice for that overlapping
element since to do so would be double punishment. The principle
against double punishment is not saved by imposing concurrent
sentences. Mentor (Herod) and Others v R - (1995) 49 WIR 17
and Pearce v. The Queen [1998] HCA 57
• Which penalty is most appropriate given the justice of the case.
• Customs offences often provide for forfeiture of goods
• Where penalties under customs offences and other offences are
very similar or identical magistrates must consider “finders
keepers”
• Preference of offences is usually viewed as vindication for Agencies
and approval of their work.
