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General Sentencing Principles
- Multiple or Continuing Offences
- Double Punishment
- Part IB: Sentencing of Federal Offenders
- Taking into Account Other Offences
- Victim of the Offence
- One Transaction Rule
- Section 16A
- Sentencing Factors
- Totality Principle
- Nature and Circumstances of the Offence
- Physical Condition
- Injury, Loss or Damage
- Consistency in Federal Sentencing
- Mental Condition
- The Impact of COVID-19 on Federal Sentencing
- Offender’s Family and Dependants
- Failure to Comply with Order or Obligation
- Course of Conduct
- Hardship to the Offender
- Rehabilitation
- Deterrence
- Contrition and Reparation
- Cultural Background
- Parity
- Co-operation
- Guilty Plea
- Character
- Antecedents
- Age
- Adequacy of Punishment
-
Sentencing Options and Procedures
- Additional Sentencing Alternatives
- Breach of Conditional Release Bonds After Conviction
- Commencement of Federal Sentences
- Cumulative and Concurrent Sentences
- Conditional Release Orders After Conviction
- Fines
- Hospital Orders
- Custodial Sentence
- Summary Disposition for Mental Illness
- Mercy
- Non Parole Period and Recognizance Release Orders
- Release on Parole or Licence
- Pre-Release Schemes and Leave of Absence
- Program Probation Orders
- Psychiatric Probation Orders
- Remissions
- Options without Proceeding to Conviction
- Table of Options
- Victim Impact Statements
- Deportation
- Sentencing Methodology
- Particular Sentencing Circumstances
- Ancillary Orders
Offenders with Mental Illness or Intellectual Disability
The content on this page was last reviewed on 30 April 2012.
The Crimes Act 1914 (Cth) contains provisions specifically dealing with federal
offenders with a mental illness or intellectual disability.
- Division 6 – Unfitness to be tried
- Division 7 – Acquittal because of mental illness
- Division 8 – Summary disposition of persons suffering from mental illness or intellectual disability (see commentary on Division 8)
- Division 9 – Sentencing alternatives for persons suffering from mental illness or intellectual disability (see Hospital Orders; Psychiatric Probation Orders; Program Probation Orders for commentary on Division 9)
Division 9 of the Crimes Act 1914 (Cth) sets out sentencing alternatives that arise post conviction.
See ‘Mental Condition’ for commentary on s 16A(2)(m).