Area of Law – Sentencing

An Article about Impact on family in sentencing in criminal cases

Sentencing – impact on offenders family
This is, like the forgiveness of the victim, an area that depends very much on the circumstances of the case. The effect on your family of your actions has some weight but tends to be fairly limited in its applicability.

Some case law on the subject is:

“It is well-established, as Mr McArdle contends, that the circumstances must be clearly exceptional before the impact on an offender’s family will lead to the imposition of a lesser sentence. But this is not an absolute rule. Exceptional circumstances have been found to exist where, for example, imprisonment will result in children being left to fend for themselves as best they can without parental supervision or support.

R v Close [2004] VSCA 188


Date: 09/01/2009