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Courses/Law/Criminal Law

Sentencing Advocacy for Legal Practitioners

Equip yourself with advanced courtroom strategies to present compelling mitigating evidence, craft persuasive arguments, and secure optimal sentencing outcomes for your clients.

Created byArie Freiberg
BeginnerUpdated Aug 10, 2026
Sentencing Advocacy for Legal Practitioners

What You'll Learn

check_circleExplain the key principles and purposes that guide sentencing decisions in criminal courts
check_circlePrepare structured and persuasive sentencing submissions based on relevant facts and legal principles
check_circleIdentify and apply aggravating and mitigating factors in sentencing advocacy
check_circleEvaluate the roles of prosecution and defence in plea negotiations and sentencing proceedings

About This Course

Sentencing advocacy sits at the core of criminal practice, requiring practitioners to navigate a complex balance of legal principle, factual analysis, and policy considerations. Courts are tasked with weighing punishment, deterrence, rehabilitation, and community protection, while responding to evolving legislation, appellate authority, and growing expectations around fairness and consistency.

This session on Sentencing Advocacy for Legal Practitioners provides a practical, structured approach to preparing and presenting effective sentencing submissions. It focuses on how practitioners can translate case facts, personal circumstances, and legal principles into persuasive advocacy that assists the court in reaching a just and proportionate outcome.

Designed for criminal law practitioners and justice system professionals, this webinar bridges doctrinal sentencing principles with courtroom strategy. Participants will gain practical guidance on plea negotiations, sentencing factors, aggravating and mitigating circumstances, and the role of both prosecution and defence in shaping sentencing outcomes.

Key Topics Discussed:

  • Role and purpose of sentencing in the criminal justice system
  • Preparation for sentencing hearings and courtroom advocacy
  • Information and materials presented to the court
  • Roles of prosecution and defence in sentencing
  • Plea negotiations and sentence indication processes
  • Sentencing factors and judicial decision-making
  • Aggravating and mitigating circumstances
  • Types and range of sentencing sanctions
  • Legislative and appellate influences on sentencing outcomes
  • Practical strategies for effective sentencing submissions

Your Instructor

Arie Freiberg
Arie Freiberg

Emeritus Professor | Monash University

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Arie Freiberg is an Emeritus Professor at Monash University. He was Dean of the Faculty Law at Monash University between 2004 and 2012. Before this, he was Dean of the Faculty of Arts at the University of Melbourne in 2003. He was appointed to the Foundation Chair of Criminology at the University of Melbourne in January 1991 where he served as Head of the Department of Criminology between January 1992 and June 2002. In 2013 he was appointed an Emeritus Professor of the University. He graduated from the University of Melbourne with an honours degree in Law and a Diploma in Criminology in 1972 and holds a Master of Laws degree from Monash University. He was awarded the degree of Doctor of Laws by the University of Melbourne in 2001 and is a fellow of the Academy of Social Sciences in Australia and the Australian Academy of Law. Between 1996 and 1998, he was President of the Australian and New Zealand Society. In 2009 he was made a Member of the Order of Australia for his service to law, particularly in the fields of criminology and reform related to sentencing, legal education and academic leadership. His particular areas of expertise are sentencing, non-adversarial justice and regulation. He has been a Visiting Scholar at Harvard Law School (2014) and Tel Aviv University (2008) and has served as a consultant to the Federal, Victorian, South Australian and Western Australian governments on sentencing matters as well as the Australian and South African Law Reform Commissions. In 2015 he consulted to the Royal Commission on Child Sexual Abuse in Institutional Contexts on sentencing issues and in 2016 he was a consultant to the Queensland Department of Justice and Attorney-General on drug courts. He has also consulted for a number of state government agencies and departments on regulatory reform. In July 2004, he was appointed inaugural Chair of the Victorian Sentencing Advisory Council and served until October 2022. Between 2013 and 2021 he was Chair of the Tasmanian Sentencing Advisory Council. He is a member of the Council of the the Judicial College of Victoria. Between 2017 and June 2018 was a member of the Interim Advisory Board of the Victorian Environment Protection Authority. In 2020 he was appointed to the Board of the Australian Health Practitioner Regulation Agency and between 2021 and 2025 he was a member of Energy Safe Victoria's Future Trends Advisory Committee. He has authored around 190 publications in areas such as sentencing, confiscation of proceeds of crime, tax compliance, corporate crime, juries, juvenile justice, sanctions, victimology, superannuation fraud, trust in criminal justice, commercial confidentiality in corrections, dangerous offenders, the role of emotion in criminal justice and public policy, drug courts, problem-oriented courts, non-adversarial justice, environment protection, regulatory theory and trauma-informed regulation.

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