---
title: "Build the sentencing-factor table for a federal offence"
url: "https://ailawframework.com/practice/criminal-law/build-the-sentencing-factor-table-for-a-federal-offence"
type: "task"
site: "AI Law Framework"
id: "A20-WR20261022-5"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Build the sentencing-factor table for a federal offence

> 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;…

Canonical page: https://ailawframework.com/practice/criminal-law/build-the-sentencing-factor-table-for-a-federal-offence  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Criminal Law](https://ailawframework.com/practice/criminal-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Put a fact under a heading only where the brief or the marked instructions support it.
2. 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.
3. Confirm the submission, including any submission about sections 16AAA to 16AAC or subsection (2AAA), is written by the lawyer.

## Notes

- 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.

## Sources

- [Crimes Act 1914 (Cth) section 16A](https://www5.austlii.edu.au/au/legis/cth/consol_act/ca191482/s16a.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/criminal-law/build-the-sentencing-factor-table-for-a-federal-offence/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*