Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions

to set out the purpose for which offenders may be sentenced or dealt with;

to provide principles and guidelines to be applied by courts in sentencing;

to provide sentence ranges and other means of dealing with offenders;

to provide a mechanism for considering the interests of victims of crime and the community when sentencing; and

to provide a mechanism that will promote uniformity, consistency and transparency in sentencing.

deterring a person from committing an offence; (c) separating an offender from society where necessary; (d) assisting in rehabilitating and re-integrating an offender into society;

providing reparation for harm done to a victim or to the community; or

promoting a sense of responsibility by the offender, acknowledging the harm done to the victim and the community.

the gravity of the offence, including the degree of culpability of the offender;

the nature of the offence;

the need for consistency with appropriate sentencing levels and other means of dealing with offenders in respect of similar offences committed in similar circumstances; (d) any information provided to the court concerning the effect of the offence on the victim or the community, including victim impact statement or community impact statement;

the offender's personal, family, community, or cultural background;

the circumstances prevailing at the time the offence was committed up to the time of sentencing;

any previous convictions of the offender; or

any other circumstances court considers relevant.

long-term imprisonment;

mid-term imprisonment; or

short-term imprisonment.

whether the purpose of sentencing cannot be achieved by a sentence other than imprisonment;

the values, norms and aspirations of the people within the community;

the character and antecedents of the offender;

the circumstances and nature of the crime committed;

the ruthlessness with which the offender committed the offence;

the health and mental state of the offender;

previous conviction record;

the age of the offender;

remorsefulness or conduct of the offender;

whether the offender may be a danger to the community;

views of the victim's family or community; or

is of advanced age;

has a grave terminal illness certified by a medical practitioner;

was below 18 years at the time of the commission of the offence; or

is an expectant woman.

death penalty;

imprisonment for life; (c) imprisonment for a specified period of time; (d) a fine; (e) community service; (f) probation; (g) a caution and discharge without punishment; and (h) any other lawful sentence option.

conditional discharge;

costs;

compensation;

restitution;

forfeiture; or

any other lawful sentencing order.

a community impact statement specified in Form B of the First Schedule.

any custom prevalent in any area; (b) the way of living of any community; or (c) the background against which the alleged offence was committed.

consideration of the employment, earning ability, financial resources and assets of the offender at present or in the future, including any circumstance that may affect the ability to make reparation, pay compensation or a fine; or <b) information relating to any benefit, financial or otherwise, ^r,v^ directly or indirectly, as a result of the commission of the offence.

The court shall take into account any period spent on remand in determining an appropriate sentence.

the court is satisfied that the commission of the offence was planned or meticulously premeditated and executed;

the victim was-

the death of the victimi was caused by the offender while committing or attempting to commit-

the commission of the offence was caused by a person or group of persons acting in the execution or furtherance of a common purpose or conspiracy;

the victim was killed in order to unlawfully remove any body part of the victim or as a result of the unlawful removal of a body part of the victim; or

the victim was killed in the act of human sacrifice.

the degree of injury or harm; (b) the part of the victim's body where harm or injury was occasioned;

sustained or repeated injury or harm to the victim; (d) the degree of meticulous pre-meditation or planning; (e) use and nature of the weapon;

whether the offender deliberately caused loss of life in the course of the commission of another grave offence;

whether the offender deliberately targeted and caused death of a vulnerable victim;

whether the offender was part of a group or gang and the role of the offender in the group, gang or commission of the crime;

whether the offence was motivated by, or demonstrated hostility based on the victim's age, gender, disability or other discriminating characteristic;

whether the offence was committed in the presence of another person like a child or spouse of the victim;

whether there was any attempt to conceal or dispose of evidence;

whether there was an abuse of power or a position of trust;

whether there were previous incidents of violence or threats to the victim;

the impact of the crime on the victim's family, relatives or the community; or

any other factor as the court may consider relevant.

lack of premeditation;

a subordinate or lesser role in a group or gang involved in the commission of the offence;

mental disorder or disability linked to the commission of the offence;

some element of self-defense;

plea of guilt;

the fact that there was a single or isolated act or omission occasioning fatal injury;

injury less serious in the context of the offence;

remorsefulness of the offender;

whether the offender pleaded guilty;

advanced or youthful age of the offender; (m) family responsibilities; (n) some element of intoxication; or (o) any other factor the court considers relevant.

where the victim was raped or defiled repeatedly whether by the offender or by a co-accused, co-perpetrator or an accomplice;

by more than one offender, where such persons acted in the execution or furtherance of a common purpose or conspiracy;

by an offender who has been convicted of an earlier offence of rape or defilement;

by an offender knowing or having reasonable cause to believe that he or she has acquired HIV/AIDS;

repeatedly by an offender who is supposed to take primary responsibility of the child victim;

where the victim was gang raped or gang defiled; or

where the victim-

imprisonment for life;

a custodial sentence other than imprisonment for life; or

any other sentence authorised by law.

degree of injury or harm;

the part of the victim's body where harm or injury was occasioned;

repeated injury or harm to the victim;

degree of intention to cause death or culpable negligence;

use and nature of the weapon;

the role of the offender in a group or gang or mob involved in the commission of the offence;

whether the offence was motivated by an intention to cause bodily harm;

whether the offence is a result of culpable negligence to discharge a duty tending to the preservation of life; or

any other factor as the court may consider relevant.

lack of intention to cause death or culpable negligence;

whether the offender had a subordinate or lesser role in a group or gang involved in the commission of the offence;

the mental disorder or disability where linked to the commission of an offence;

some element of self-defence; or

any other factor as the court may consider relevant.

degree of injury or harm;

the part of the victim's body where harm or injury was occasioned;

whether there was repeated injury or harm to the victim;

use and nature of the weapon;

whether the offender deliberately caused loss of life in the course of the commission of the robbery;

whether the offender was part of a group or gang and the role of the offender in the group, gang or commission of the crime;

whether the offence was motivated by, or demonstrates hostility based on the victim's age, gender, disability or such other discriminating characteristics;

the nature of the deadly weapon used during the commission of the offence;

the manner in which death occurred during the commission of the offence;

commission of other criminal acts such as rape or assault;

whether the offence was committed as part of a pre-meditated, planned or concerted act and the degree of pre-meditation;

the rampant nature of the offence in the area or community;

whether the offence was committed in the presence of other persons such as children, a spouse of victim or relatives;

whether the offender is a habitual offender;

whether the offence was committed while under the influence of alcohol or drugs;

whether the offender is remorseful;

previous incidents of violence or threats to the victim by the offender;

evidence of impact on the victim's family, relatives or the community; or

any other factor as the court may consider relevant.

1 ack of pre-medi tati on;

whether the offender had a subordinate or lesser role in a group or gang involved in the commission of the offence;

mental disorder or disability;

whether the offender is a first offender with no previous conviction or no relevant or recent conviction;

whether there was a single or isolated act or omission occasioning fatal injury;

whether there was no injury or harm occasioned or no threat of death or harm;

remorsefulness of the offender;

the value of the property or amount of money taken during the commission of the offence;

whether property or money was returned or recovered;

any other factor as the court may consider relevant.

the age of the victim and the offender;

the nature of the relationship of the victim and the offender;

the violence, trauma, brutality and fear instilled upon the victim;

the remorsefulness of the offender;

operation of other restorative processes; or (D the HIV/AIDS status of the offender.

the degree of injury or harm;

whether there was repeated injury or harm to the victim; (c) whether there was a deliberate intent to infect the victim with HIV/AIDS;

whether the victim was of tender age; (e) the offender's knowledge of his HIV/AIDS status; (f) knowledge whether the victim is mentally challenged; (g) the degree of pre-meditation; (h) threats or use of force or violence against the victim; (i) knowledge of the tender age of the victim; (j) use or letting of premises for immoral or criminal activities; (k) whether the offence was motivated by, or demonstrating hostility based on the victim's status of being mentally challenged; or

lack of pre-meditation; (b) whether the mental disorder or disability of the offender was linked to the commission of the offence;

remorsefulness of the offender;

whether the offender is a first offender with no previous conviction or no relevant or recent conviction ;

the offender's plea of guilty;

the difference in age of the victim and offender; or

any other factor as the court may consider relevant.

the nature and prevalence of the offence;

the circumstances surrounding the commission of the offence;

the relationship between the parties and the conduct of the offender; or

any other factor as the court may consider relevant.

the degree of pre-meditation;

intimidating, insulting or annoying language or behaviour;

nature and gravity of the offence committed upon entry on property;

use or threat of use of force or violence while on the property;

that the offence is motivated by, or demonstrates, hostility based on the victim's age, gender, disability or such other discriminating characteristics; or

any other factor as the court may consider relevant.

lack of pre-meditation;

whether the mental disorder or disability of the offender was linked to the commission of the offence;

whether the offender is a first offender with no previous conviction or no relevant or recent conviction ;

remorsefulness of the offender;

family responsibilities of the offender; or

any other factor as the court may consider relevant.

the method used in the commission of the offence;

breach of trust and nature of trust or office abused;

the relationship between the offender and the aggrieved organization;

the amount of money involved or potential prejudice;

the status of the individual receiving the monies;

the degree of sophistication involved in the corrupt act;

the impact of the corrupt act to the victim organization, the state and society as well as to the administration of justice; or

any other factor as the court may consider relevant.

a corrupt intent or knowledge of effect of the act or omission to act;

abuse of office for personal or third party benefit;

the prejudicial nature of the corrupt act to the organization or public body;

whether the offence was committed in respect of a contract, sub-contract or proposal for a contract with an organization or public body;

the degree of pre-meditation; (f) the degree of sophistication involved in the corrupt act; (g) whether there was a deliberate intent to cause financial loss; (h) whether the offence was committed in respect of essential goods or services; (i) the role of the offender in a group or conspiracy involved in commission of the offence; or (j) any other factor as the court may consider relevant.

whether the act is a result of non-deliberate neglect of duty;

the subordinate or lesser role of the offender in a group or conspiracy involved in the commission of the offence;

the offender's plea of guilty;

refund of money or items misappropriated; or

any other factor as the court may consider relevant.

the value of the property stolen;

prevalence of the offence in the community;

the circumstances surrounding the commission of the offence;

the impact of the offence on the victim and the community;

any breach of trust where the offender is an employee, relative, neighbour or a person in a position of trust;

any aggravating or mitigating factors; (g) antecedents of the offender; (h) plea of guilty by the offender; (i) any reparation offered; (j) the operation of restorative justice processes; or (k) any other factor as the court may consider relevant.

the degree of loss that is serious in the context of the offence;

the amount of money lost or quantities of goods taken during the commission of the offence;

the rampant nature of the offence in the organization or public body;

the offender being in a position of financial or fiduciary trust or both;

offender's lack of remorsefulness;

conversion of the property for use of self or other person;

deliberate or reckless taking of money in excess of limits of authority or in disregard of procedure;

significant degree of premeditation;

any other factor as the court may consider relevant.

lack of pre-meditation; (b) lack of knowledge of ownership; (c) the subordinate or lesser role of the offender in a group or gang involved in the commission of the offence;

the offender's plea of guilty;

the remorsefulness of the offender;

any other factor as the court may consider relevant.

the effect of a custodial sentence to a child if such a sentence is passed;

whether the child will adequately be cared for while the care giver is serving the custodial sentence;

the importance of maintaining the integrity of family care by protecting innocent children from avoidable harm.

recognise each child as an individual with a distinct personality; and (b) shall strike a fair balance between the circumstances of the care-giver and the circumstances of the case.

the degree of participation of the child;

best interests of the child;

protection of the community from harm and ensuring people's personal safety;

rehabilitation of the child;

any non custodial options provided for in section 94 of the Children Act;

detention as a last resort if in all the circumstances it is the most appropriate sentence.

consider the effect of a custodial sentence on the child;

where the appropriate sentence is clearly non custodial, determine the sentence bearing in mind the interests of the child;

use of the welfare principle as a guide in determining the appropriate sentence to impose; and

ensure that the appropriate sentence is the least damaging sentence to the interests of the child.

where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited , but shall not be excessive;

in the case of an offence punishable with a fine or imprisonment, the imposition of a fine or a period of imprisonment shall be a matter for the discretion of the court with reasons;

in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment, and in every case of an offence punishable with a fine only in which the offender is sentenced to a fine, the court passing sentence may-

the period of imprisonment ordered by the court in respect of non-payment of any sum of money adjudged to be paid by a conviction or in respect of the default of a sufficient distress to satisfy any such sum shall be such term as in the opinion of the court will satisfy the justice of the case but shall not exceed in any case the maximum fixed by the scale set out in the Fourth Schedule.

the imprisonment which is imposed in default of payment of a Fine shall terminate whenever the fine is either paid or levied by process of law.

the nature of punishment;

the age of the offender;

history of the offender's previous compliance or non- compliance;

the purpose of the punishment; (e) the nature of work to be performed by the offender; (f) the value of the work to be performed; or

the physical and health condition of the offender.

community service work is suitable for the offence;

it is appropriate in all circumstances that a community service order is the best order for the offender; or

the offender has consented to undertake community service in the form prescribed by the Community Service Regulations, to comply with his or her obligations under the community service order.

whether the work is community related;

the skills and experiences of the offender;

the views of the victim or the victims regarding the referral of the offender to the community for community service; (d) restoring the rights of the victims of the offence;

the history of the offender's previous compliance or non- compliance;

whether the offender is suffering from any adverse health conditions;

the likely benefit of the community service to the community;

the age of the offender; or

any other factor as the court may consider relevant.

the circumstances under which the offence was committed; (b) the offender's background; (c) the offender's family; (d) the offender's past criminal record; (e) the responsibilities the offender has in society and whether the offender is a primary care giver;

the offender's means of livelihood; (g) the offender's social status; (h) the likelihood of the offender to reform; or (i) any other relevant information.

the impact of the crime on the victim, family members of the victim and the community, including the impact statements relating to the victim and the community;

statistics regarding the frequency and relative seriousness of the offence;

the degree of preparedness with which the crime was committed;

the problems encountered in trying to prevent the commission of the crime in question; and

any other aggravating factors that may be relevant to the facts of the case.

the offender's social background and social status;

details about the offender's family including dependants, if any;

any responsibilities of the offender, including whether the offender is a primary care-giver;

the offender's sources of income and financial status;

the likelihood of the offender to reform;

remorsefulness of the offender; or

any other mitigating factors that may be relevant to the case.

if Yes, how much

investment or business opportunities lost:

description of financial support to the victim or other members of the community after the offence

the local council officials; (b) the traditional leaders; (c) any interested member of the community: or any other person with information to that effect.

antecedents of the offender or habitual offender or first offender; (b) gravity or nature of the offence; (c) brutality or nature of weapon used; (d) time spent on remand; (e) remorsefulness of the offender; (0 age; (g) health; (h) gender; (i) prevalence of the offence; (i) social status, family status and background; (k) intention or motive; (l) impact on society; (m) cost of imprisonment to the State; (n) financial status; (o) domestic violence; (P) stage of the trial and the circumstances within which a plea of guilty was made; (q) the harm caused, the harm intended to be caused, or the harm that might have foreseeably been caused (value of property involved and loss occasioned to victim); (r) complexity and sophistication of the offence; (s) amount of personal profit; (t) education or employment background; (u) accused's relations with the community; (v) role of the offender in the commission of the offence; or (w) any other factor that the court may consider relevant.