Penalty units are a method of figuring out what dollar figure fits the crime, with each punishment a certain number of penalty units. It’s like the ‘worth’ of a more minor crime. The judge decides what penalty units to apply if you are found or plead guilty.

There are maximum penalties for certain convictions, however the court does have discretion. A conviction must be recorded for penalties to be applied.

     Penalty Units

A penalty unit is a fine, with one penalty unit being about $159. You can then convert however many penalty units by that amount, to get your total fine. A fine of five penalty units is therefore around $790.

     Penalty – Fines

A fine is a financial sum that must be paid to the court either in one payment or in instalments by arrangement. You may be able to swap community service work for a fine.

     Penalty – Prison

Prison is the most serious penalty that can be applied. No other alternative can be deemed appropriate, with a Magistrate able to impose up to five years, with County Court and Supreme Court Judges limited by statutory maximums.

     Penalty – Suspended Sentence – Abolished in Victoria

A suspended sentence can be held off for up to two years. If you get into trouble during the specified time period, you may need to go to prison. Victoria, however, has removed suspended sentences completely.

     Penalty – Community Corrections Orders

A community corrections order means you serve a penalty in real life, but a modified version: you may have to do community service, work for free, be supervised or go to counselling. You may be prevented from going to certain places, and may need to stop into the court every so often. Skipping your responsibilities here could see you land in prison for three months.

   Penalty – Adjourned Undertaking

     Penalty – Discharge

A discharge means you have been found guilty, but no penalty has been applied. A conviction is recorded.

     Penalty – Dismissal

The court finds you guilty, but no penalty is made, and a conviction is recorded.

     Penalty – Diversion

You can manage your case outside of court and avoid a criminal record. Typically you must have no criminal record prior to your offence, with the prosecution also agreeing to diversion.

     Penalty – Compensation and Restitution Orders

You pay someone money who has suffered because of your offence.

     Penalty – Forfeiture Orders

You may be required to dispose of or destroy an item – this may include drugs, guns, or stolen property.

     Drug Treatment Orders

If your case is heard in Dandenong Magistrates’ Court, this option is available whereby you must undertake a drug treatment program.

     DNA Testing – Forensic Procedure Application

If you have been found guilty of some offence, police may apply for a DNA test so you can be loaded into the database to check for other crimes.

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