- Laws of Fiji

Last Updated: 22 November 2019

(1) The only purposes for which sentencing may be imposed by a court are—

(a)to punish offenders to an extent and in a manner which is just in all the circumstances;
(b)to protect the community from offenders;
(c)to deter offenders or other persons from committing offences of the same or similar nature;
(d)to establish conditions so that rehabilitation of offenders may be promoted or facilitated;
(e)to signify that the court and the community denounce the commission of such offences; or
(f)any combination of these purposes.

(2) In sentencing offenders, a court must have regard to—

(a)the maximum penalty prescribed for the offence;
(b)current sentencing practice and the terms of any applicable guideline judgment;
(c)the nature and gravity of the particular offence;
(d)the offender's culpability and degree of responsibility for the offence;
(e)the impact of the offence on any victim of the offence and the injury, loss or damage resulting from the offence;
(f)whether the offender pleaded guilty to the offence, and if so, the stage in the proceedings at which the offender did so or indicated an intention to do so;
(g)the conduct of the offender during the trial as an indication of remorse or the lack of remorse;
(h)any action taken by the offender to make restitution for the injury, loss or damage arising from the offence, including his or her willingness to comply with any order for restitution that a court may consider under this Act;
(i)the offender's previous character;
(j)the presence of any aggravating or mitigating factor concerning the offender or any other circumstance relevant to the commission of the offence; and
(k)any matter stated in this Act as being grounds for applying a particular sentencing option.

(3) In sentencing offenders for an offence involving domestic violence, a court must also have regard to—

(a)any special considerations relating to the physical, psychological or other characteristics of a victim of the offence, including—
- (i)the age of the victim;
- (ii)whether the victim was pregnant; and
- (iii)whether the victim suffered any disability;
(b)whether a child or children were present when the offence was committed, or were otherwise affected by it;
(c)the effect of the violence on the emotional, psychological and physical well-being of a victim;
(d)the effect of the offence in terms of hardship, dislocation or other difficulties experienced by a victim;
(e)the conduct of the offender towards the victim since the offence, and any matter which indicates whether the offender—
- (i)accepts responsibility for the offence and its consequences;
- (ii)has taken steps to make amends to a victim, including action to minimise or address the negative impacts of the offence on a victim;
- (iii)may pose any further threat to a victim;
(f)evidence revealing the offender's—
- (i)attitude to the offence;
- (ii)intention to address the offending behaviour; and
- (iii)likelihood of continuing to pose a threat to a victim; and
(g)whether the offender has sought and received counselling or other assistance to address the offending behaviour, or is willing to undertake such counselling or seek such assistance.