Section 4Part 2 — Alternative Punishment Generally
Purpose of punishment
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that the fundamental purpose of punishment is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives —
to denounce unlawful conduct;
to deter the convicted person and other persons from committing offences;
to separate convicted persons from society, where necessary;
to assist in rehabilitating convicted persons;
to provide reparations for harm done to victims or to the community; and
to promote a sense of responsibility in convicted persons, and acknowledgment of the harm done to victims and to the community;
that a punishment must be proportionate to the gravity of the offence and the degree of responsibility of the convicted person;
that a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the convicted person, and, without limiting the generality of the foregoing, the following shall be considered to be aggravating circumstances —
evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor;
evidence that the offence was committed against a child, an elderly or an otherwise vulnerable person;
evidence that the offence committed is a prevalent offence in the society;
evidence that the offence forms part of a series of offences committed by the offender;
evidence that the offender is a repeat offender;
evidence that the convicted person, in committing the offence, abused the convicted person’s spouse or common-law partner or child;
evidence that the convicted person, in committing the offence, abused a position of trust or authority in relation to the victim;
evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organisation; or
evidence that the offence was a terrorism offence;
a sentence should be similar or proportionate to sentences imposed on similar convicted persons for similar offences committed in similar circumstances;
where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh;
a convicted person should not be deprived of liberty if less restrictive sanctions may be appropriate in the circumstances; and
all available sanctions other than imprisonment that are reasonable in the circumstances of each case should be considered for all convicted persons.