List the statutory matters to be taken into account on sentence for a federal offence
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the de-identified brief, list each matter in Crimes Act 1914 (Cth) s 16A(2) and leave a blank for the fact that touches it. Open with s 16A(1): for a federal offence, the court must impose a sentence or make an order of a severity appropriate in all the circumstances of the offence. Section 16A(2) requires the court to take into account such of the listed matters as are relevant and known to the court. The paragraphs in the opened text are (a), (b), (c), (d), (e), (ea), (f), (fa), (g), (h), (j), (ja), (k), (m), (ma), (mb), (n) and (p). There is no paragraph (i), (l) or (o). Add a row for s 16A(2AAA) where the offence is a Commonwealth child sex offence: the court must have regard to the objective of rehabilitating the person. Add a row for the customary law and cultural practice limit in s 16A(2A) and its exception in s 16A(2AA), a row for s 16A(2AAB) on the offences to which paragraph (2)(mb) does not apply, and a row for s 16A(3) on the conditions of an order under s 19B(1), s 20(1) or s 20AB(1). The note to s 16A(1) points to minimum penalties in ss 16AAA, 16AAB and 16AAC. Those sections were not opened. Mark them for the lawyer. The tool does not write the sentencing submission.
- What the lawyer must review
- The lawyer decides which matters are relevant and known, the weight of each, and the sentence that is of appropriate severity, and writes the submission. Section 16A(2A) limits the use of customary law or cultural practice, other than paragraph (2)(ma), and s 16A(2AA) lists the offences to which that limit does not apply. The lawyer reads ss 16AAA, 16AAB and 16AAC before any minimum penalty is stated. This section is for a federal offence. A State or Territory offence is sentenced under that jurisdiction's sentencing statute.
- 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 | Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the appropriate instructions, permissions and cultural context with the relevant people before using information or communicating the result.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.