Introduction
This topic outlines the two purposes of a sentence of CD.
CD may be used:
- to reduce the likelihood of re-offending, and/or
- as a punitive sentence.
Legislative reference: Section 69C Sentencing Act 2002.
Reducing likelihood of re-offending
CD may be used to reduce an offender's likelihood of re-offending.
This is achieved through the restriction of the offender's movements during specified periods to reduce the opportunities and their ability to commit offences of a certain type or offences at a certain time.
Examples
The following are examples of offenders/situations where a sentence of community detention could be used to reduce the likelihood of re-offending.
An offender with:
- a pattern of committing theft ex car in the evenings (offending at a certain time)
- a pattern of driving with excess breath alcohol on Friday nights after work (offending at a certain time)
- convictions for indecent exposure that have occurred around swimming pools (a certain type of offending), or
- multiple convictions for "boy/girl-racing" type offending (a certain type of offending).
As a punitive sentence
Community detention may be used as a punitive sentence.
Specifically, it may be imposed to meet one of four punitive purposes outlined in the Sentencing Act, namely to:
- hold the offender accountable for harm done to the victim and the community by the offending
- promote in the offender a sense of responsibility for, and an acknowledgement of, that harm
- denounce the conduct in which the offender was involved, or
- deter the offender or other persons from committing the same or a similar offence.
Legislative reference: Section 7 Sentencing Act 2002.
Examples
The following are examples of offenders/situations where CD could be used as a punitive sentence.
An offender:
- who is convicted of a breach of supervision or intensive supervision
- who has failed to comply with community work (CW) and is charged with a breach seeking CD as a sentencing outcome, or
- with no clear pattern of offending and no rehabilitative needs, whose offending is not serious enough to warrant home detention or imprisonment but is too serious for CW on its own.
