When a person is sentenced in New South Wales, the court does not look only at the offence itself. The law requires an assessment of both the objective seriousness of the crime and the offender’s personal circumstances. This is where subjective material becomes important, and Pannu Lawyers ensures that this material is effectively presented.
Legal Framework
Under the Crimes (Sentencing Procedure) Act 1999 (NSW), sentencing judges must consider aggravating and mitigating factors. While the offence forms the objective basis, subjective material gives the court insight into the individual offender. This allows the court to impose a penalty that is proportionate and consistent with sentencing principles. Pannu Lawyers regularly highlights these factors to ensure fairness in sentencing.
What Counts as Subjective Feature?
The following is list of Subjective material:
Family upbringing and cultural influences
Mental health conditions or cognitive impairments
Drug or alcohol issues and efforts at rehabilitation
Employment history and future work prospects
Criminal record or lack thereof
Remorse and cooperation with authorities
Character references and community ties
This information is usually presented through pre-sentence reports, medical or psychological assessments, affidavits, and references. Pannu Lawyers makes certain that all relevant documents are prepared and submitted to the court.
Why It Matters ?
Subjective material assists the court in:
Assessing moral culpability, such as reduced responsibility due to mental illness
Evaluating prospects of rehabilitation
Considering alternatives to full-time custody, including Intensive Correction Orders or Conditional Release Orders
Weighing mitigating factors such as first-time offending, remorse, or cooperation
Pannu Lawyers uses this information to argue for outcomes that reflect both justice and the offender’s potential for reform.
The Limits of Subjective Material
Subjective factors cannot override the requirement of proportionality. In Muldrock v The Queen [2011] HCA 39, the High Court made clear that sentencing begins with the objective seriousness of the offence. Personal circumstances may reduce the penalty, but the sentence must still reflect the gravity of the crime. In serious cases, such as violent or sexual offences, community protection and deterrence usually carry more weight.
Guiding Case Law
Veen v The Queen (No 2) (1988) 164 CLR 465– subjective factors are relevant, but the sentence must remain proportionate.
Bugmy v The Queen (2013) 302 ALR 192 – social disadvantage, including Indigenous disadvantage, is always a relevant mitigating factor.
Muldrock v The Queen [2011] HCA 39– objective seriousness anchors the sentencing process, with subjective material considered afterwards.
Conclusion
Subjective material is an essential part of sentencing in NSW. It ensures that the court considers not only the crime but also the person before it. Judges use this information to decide whether rehabilitation or alternatives to custody are appropriate. At Pannu Lawyers, we make sure that every relevant aspect of our clients’ personal circumstances is placed before the court so that sentences reflect both the offence and the individual involved. Pannu Lawyers is committed to advocating strongly for outcomes that balance fairness, rehabilitation, and justice.
