---
title: "List the statutory matters to be taken into account on sentence for a federal offence"
url: "https://ailawframework.com/practice/criminal-law/list-the-statutory-matters-to-be-taken-into-account-on-sentence-for-a-fe"
type: "task"
site: "AI Law Framework"
id: "A20-SB20261022-4"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# List the statutory matters to be taken into account on sentence for a federal offence

> 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.…

Canonical page: https://ailawframework.com/practice/criminal-law/list-the-statutory-matters-to-be-taken-into-account-on-sentence-for-a-fe  
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 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Statutory matters checked before the submission is written**

The tool lists the s 16A matters against a de-identified brief. The lawyer decides which matter and writes the submission.

- What the AI does: 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 does: 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.
- 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. Use the list only after the lawyer confirms the offence is a federal offence.
2. Include s 16A(2A) and s 16A(2AA) before customary law or cultural practice is entered as a matter.
3. Leave minimum penalties blank until the lawyer has read ss 16AAA, 16AAB and 16AAC.
4. The lawyer writes the sentencing submission. The list is not the submission.

## 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) s 16A](https://classic.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/list-the-statutory-matters-to-be-taken-into-account-on-sentence-for-a-fe/united-states.md) | Yellow |

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