There are numerous sentencing options available to magistrates and judges. Before sentencing, the court may wish to order a pre-sentence report. Reports and references may be provided to the court, relevant to the defendant’s personal circumstances. This may include medical reports, character references, proof of income/employment or other relevant documents.
When deciding upon the penalty there are a large number of issues the court must take into account. Such issues may relate to the defendant’s medical condition, their age, past offending history, responsibilities to other family members, degree of remorse for their actions and any compensation made. Similarly the court must take into account the needs of the victim, the effects of the crime on the victim and the protection of the general community. General and personal deterrence are also factors.
The court has the discretion to imposes one or more of the following;
In the District or Supreme Court it is the judge, not the jury who decide the penalty. The court does not generally order a sentence of imprisonment but with home detention. Home detention during a sentence is at the discretion of the Correctional Services.