within the parameters of any maximum and minimum term legislated in relation to the relevant offence
A CCO is more severe than a fine and less severe than a drug treatment order or a sentence of imprisonment. A single community correction order may be imposed in relation to multiple offences if these offences are founded on the same facts, or if they form, or are part of, a series of offences of the same or a similar character.If a person is sentenced to more than one community correction order in the Magistrates’ Court, the court may order the community correction orders to be served cumulatively (one after the other) or concurrently (at the same time).Where multiple community correction orders are imposed for offences committed at the same time, the maximum period of the cumulative community correction orders must not exceed 5 years.Where multiple community correction orders are imposed for offences The Victorian Government has passed legislation limiting the courts’ use of non-custodial orders for two classes of serious offences described as ‘Category 1’ offences and ‘Category 2’ offences.A court cannot impose a community correction order (or another non-custodial order) for the following Category 1 offences.A court cannot impose a community correction order (or another non-custodial order) for the following Category 2 offences (unless there are particular reasons for doing so, such as the accused having impaired mental functioning).Offenders sentenced to a community correction order must abide by standard (core) terms, such as:Each community correction order must also attach one additional condition. Those who are prepared to possess or import it help fuel the demand for it, and in that way encourage the corruption and exploitation of children. ‘Custodial sentence' is defined in section 3 of the Act. An offender convicted of certain sexual offences may be required to remain in prison if the Supreme Court is satisfied that he or she poses an unacceptable risk of committing a further sexual offence after release.A continuing detention order may be made for a period of up to three years. Imprisonment is the most severe sentencing order available in Victoria. This is because in such cases the weight to be given to general deterrence is increased and that given to personal factors is reduced: Courts have emphasised that in cases of drug importation, ‘stern punishment will be warranted in almost every case’: In relation to the offence of being knowingly concerned in the importation of heroin, like features can be identified as bearing upon the formulation of applicable principles. That suggests that any sentence must be proportionate to the gravity of the offending. Related Links: Hardship to the Offender Sentencing Factors. The Youth Parole Board is established by sections 442 of the Children, Youth and Families Act 2005 (External link).The board exercises jurisdiction over all young people sentenced by a court to a period of detention in a youth justice custodial centre and over young people transferred by the Adult Parole Board from imprisonment in adult prison to serve their sentence in a youth justice centre.
For example, in In many if not most cases, imprisonment will be the only sentencing option for serious tax fraud in the absence of powerful mitigating circumstances: In contrast to “white collar criminals” social security fraud is usually committed by those who have access to the social security system. The Department of Health and Human Services prepares justice plans, specifying treatment services aimed at reducing the chances that the offender will reoffend.A court must not impose a custodial sentence if the purpose or purposes of the sentence can be achieved by a community correction order combined with one or more of the following conditions:For offences sentenced on or after 20 March 2017, the maximum term of imprisonment that can be combined with a community correction order is one year. During this time, the offender must complete one or more of the conditions attached to the community correction order.For example, if a 12-month community correction order is imposed, the first 6 months may be fixed as an intensive compliance period during which the offender must complete a condition (such as a treatment program).For intellectually disabled offenders, the court may attach a justice plan as a condition of sentence. This is because such offences are not victimless crimes.