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"The Only Factor That a Judge Should Consider When Sentencing Is the Nature of the Crime Committed”. Discuss the Validity of This Statement.

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Legal Studies Essay
"The only factor that a judge should consider when sentencing is the nature of the crime committed”. Discuss the validity of this statement.
The Criminal Law (Sentencing Act) 1988 determines that during the process of sentencing an offender, the nature of any indictable offence must be taken into account by a judge, along with a range of aggravating and mitigating factors. Essentially the judge must order a sentence that is fair considering the gravity of the offence and the particular circumstances of the offender; this is known as the "principle of proportionality". Comprised of objective and subjective factors, aggravation and mitigation factors often encompass key aspects of a judge's ruling - as evident in most sentencing remarks; they play a pivotal role in ensuring that each guilty individual is sentenced appropriately. As outlined in section 29A of the South Australian Criminal Law (Sentencing Act) of 1988, the court may “indicate an appropriate range of penalties for a particular offence or offences of a particular class” and “indicate how particular aggravating or mitigating factors (or aggravating or mitigating factors of a particular kind) should be reflected in sentence.” True justice, in terms of sentencing, can only be achieved if consideration is given to the offender's criminal history, personal circumstances, and post-crime actions: the nature of the offender as well as the nature of the crime must be considered by the judge.
As made apparent by most sentencing remarks, alongside the nature of the crime committed, the criminal history of the accused is one of the most significant points of consideration cited by a judge when determining a sentence. The number of offences previously committed by the offender and their seriousness can indicate whether previous attempts at rehabilitation or specific deterrence have been…...

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