This section of the report contains a review of the offences for which the offender is to be sentenced. State only whether the offender agrees or disagrees with the summary of facts. Avoid providing mitigating arguments, advocating on behalf of the offender, or presenting excuses.
Notes:
- If the offender has pleaded guilty, a strong indication that the offender disagrees can result in the judge having to consider whether a sentence can be imposed at that time
- If conviction is the result of a not guilty hearing or jury trial, the summary of facts should not be referred to or canvassed with the offender.
- The pre-sentence report must not be used to relitigate the facts of the case.
What to include
- Record when an offender who has been found guilty at a defended hearing continues to deny their guilt.
- Summarise the offences for which the offender has been previously convicted. Note any patterns in offending.
- Note any outstanding active charges the offender is appearing in court for.
- Note offender's insight into offending.
- Canvass:
- remorse and victim empathy
- willingness or offer to make amends or pay reparation, and
- willingness to participate in the restorative justice process.
- If appropriate, include the victim's response to any offer of reparation.
Note: Victims' responses to reparation can be obtained either:
- directly (if appropriate)
- through the court victims' advisor, or
- from the information contained in a reparation report.
