Sentencing and punishment is an effective way of achieving justice as everyone in the society gains justice by the sentence that it announced by the judge. Though there are factors to be considered such as the age of the offender, whether they are possible mentally ill or are forced in committing the crime. They are aggravating factors, those that may increase the sentence, whereas mitigating factors may lessen the sentence and the Victim Impact Statements. However, there are also problems when it comes to sentencing and punishment seen in mandatory sentencing, penalties including imprisonment and alternatives to custodial sentences.
The Crimes (Sentencing Procedure) Act 1999 (NSW) outlines the sentencing process which is where judges use their discretion to consider factors including the purposes of punishment, aggravating and mitigating factors which is seen in the R v Loveridge (2014), which is where the original sentence reflected the need for retribution to ensure a just outcome for victim. The judge had also considered the aggravating factor such as the violent nature of the crime, along with the mitigating factors such as the offender’s disadvantaged background and remorse. the appeal had succeeded in nearly doubling the prison sentence given to Loveridge for the one-punch death of Thomas Kelly along with other assaults on the same night. This showed that the sentencing and punishment was effective in achieving justice as the offender was sentenced to non-parole period with 7 years for manslaughter.