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The impact of general deterrence on receiving a “Section 10”

One of the major factors that will prevent offenders from obtaining a “Section 10”, is what is known as “general deterrence.” General deterrence is a legal term used to...

Janelle Tarabay

One of the major factors that will prevent offenders from obtaining a Section 10”, is what is known as “general deterrence.”

General deterrence is a legal term used to describe the need to sentence an offender in a way that deters other members of the public from committing the same type of offence. Therefore, general deterrence is a particularly important consideration for magistrates when sentencing crimes that are prevalent in our society. 

The rationale behind the importance of this factor is if magistrates were to give all first-time offenders a section 10, the community may begin to believe that if they commit a serious offence they will nonetheless be dealt with leniently. For example, if all first-time offenders charged with drink driving received a section 10, this could send a message to the community that drink driving matters are not taken seriously by a court. This could result in an increased number of first time offenders and an increased risk of a fatal accident being caused by driver who has exceeded the legal limit of alcohol.

However, general deterrence varies in its weight for different types of offences and offenders. For example, general deterrence is attributed little weight in cases where the offender suffers from a mental condition or abnormality, because such an offender is not an appropriate medium for making an example of.

As a consequence of the weight placed on general deterrence, a seemingly trivial offence could result in a criminal conviction due to its prevalence in society. Accordingly, it is imperative that if you have been charged with a criminal offence, you obtain quality legal advice. Contact Streeton Lawyers now for a free initial consultation.

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