Pleading Guilty & Sentencing

What the court considers

Under the Sentencing Act 1991, the court considers the seriousness of the offence, the harm caused, your culpability, your criminal history, your personal circumstances, any guilty plea and remorse, and your prospects of rehabilitation. The court also considers the need for punishment, deterrence and community protection.

The benefit of an early guilty plea

Courts must take a guilty plea into account, and an early plea generally attracts a greater reduction because it saves witnesses from giving evidence and saves court time.

Conviction or no conviction?

For many lower-level offences, the court has a discretion not to record a conviction. Factors include the nature of the offence, your character and history, and the impact a conviction would have on your economic and social wellbeing and employment prospects. This is often the most important issue for our clients.

Possible sentences

Sentences range from a dismissal without conviction to imprisonment. Our guide to sentencing outcomes explains each one, including good behaviour bonds, fines, community correction orders and imprisonment.

Preparing your plea

• Character references from employers, family and community members
• Reports from psychologists, counsellors or doctors
• Evidence of rehabilitation, such as completed programs or treatment
• Evidence of employment, study and family responsibilities
• Restitution or compensation paid

We guide you through each item, review references before court, and present your plea persuasively.

This page is general information about Victorian law only and is not legal advice. Every case is different. Speak to us about your situation.