Build the sentencing-factor table for a federal offence
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the brief and the instructions the lawyer marks, place the known facts under the section 16A(2) headings that the facts might touch: the nature and circumstances of the offence; other offences to be taken into account; a course of conduct; the victim's circumstances; injury, loss or damage; any victim impact statement; contrition, including reparation; failures of pre-trial or ongoing disclosure; a guilty plea, its timing and the benefit of that timing; cooperation with law enforcement; deterrence of the person and of others; adequate punishment; character, antecedents, age, means and physical or mental condition; use of community standing; hatred of a person or group because of race or national or ethnic origin; rehabilitation; and the probable effect on family or dependants. Note, without applying it, section 16A(2A): the court must not take customary law or cultural practice into account to lessen or to aggravate seriousness, except that this prohibition does not stop the court taking paragraph (2)(ma) into account, and subsection (2AA) lists offences to which subsection (2A) does not apply. Do not write the sentencing submission or propose a sentence.
- What the lawyer must review
- The lawyer decides which matters are relevant and known, the weight of each, and the sentence to seek or to resist, and writes the submission. Section 16A(1) requires a sentence or order of a severity appropriate in all the circumstances. Minimum penalties for some offences are in sections 16AAA, 16AAB and 16AAC. For a Commonwealth child sex offence, subsection (2AAA) adds a rehabilitation objective. The facts under paragraph (2)(mb), hatred based on race or national or ethnic origin, are an aggravating matter where they apply, with the limits in subsections (2AAB) to (2AAD).
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the brief and the instructions the lawyer marks, place the known facts under the section 16A(2) headings that the facts might touch: the nature and circumstances of the offence; other offences to be taken into account; a course of conduct; the victim's circumstances; injury, loss or damage; any victim impact statement; contrition, including reparation; failures of pre-trial or ongoing disclosure; a guilty plea, its timing and the benefit of that timing; cooperation with law enforcement; deterrence of the person and of others; adequate punishment; character, antecedents, age, means and physical or mental condition; use of community standing; hatred of a person or group because of race or national or ethnic origin; rehabilitation; and the probable effect on family or dependants. Note, without applying it, section 16A(2A): the court must not take customary law or cultural practice into account to lessen or to aggravate seriousness, except that this prohibition does not stop the court taking paragraph (2)(ma) into account, and subsection (2AA) lists offences to which subsection (2A) does not apply. Do not write the sentencing submission or propose a sentence. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Put a fact under a heading only where the brief or the marked instructions support it.
- Do not use customary law or cultural practice to lessen seriousness, and apply paragraph (2)(ma) and the subsection (2AA) exceptions only if the lawyer identifies them.
- Confirm the submission, including any submission about sections 16AAA to 16AAC or subsection (2AAA), is written by the lawyer.
Sources
- Crimes Act 1914 (Cth) section 16A · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.