Defined Terms

Community Protection

Community Protection means both protecting the community from the offender and from crime generally.

Below is an extract from the Judicial College of Law website which appears to inform that Community Protection carries no weighting in Australian law when a judge sentences a convicted criminal:

6.2.4.1 - Proportion and community protection

A fundamental role of the proportionality principle is as a bar to preventative detention. However, this does not preclude the application of the principle of community protection: Veen [No 2] (1987) 164 CLR 465. In Veen [No 2] (1987) 164 CLR 465, Deane J (dissenting as to the result) stated at 490-491:

The common law of this country (Australia) makes no provision for any system of imprisonment by way of preventive detention. While the sentencing process must take account of many factors other than punishment, the basis and justification of the imposition of a sentence of imprisonment upon a convicted person lies in punishment in the sense that the outer limit of the appropriate sentence for a particular offence (in a case where a range of sentence is available) is that which is proportionate to the gravity of the actual crime when viewed in the context of relevant social standards and circumstances. Put differently, the power of a person in the exercise of judicial office to order the imprisonment of another person who has been convicted of a crime is limited to what is justified as punishment for the crime itself: it does not extend to imprisoning that other person beyond that proportionate punishment for the reason that the judge thinks that it is to the benefit either of the other person himself or of the community generally that he be further incarcerated.