Annual Report page 71

14. Whether the consequences of any resulting conviction would be unduly harsh and oppressive;
15. Whether the alleged offence is of considerable public concern;
16. Any entitlement of the Territory or other person or body to criminal compensation, reparation or forfeiture if prosecution action is taken;
17. The attitude of the alleged victim to a prosecution;
18. The likely length and expense of a trial;
19. Whether the alleged offender is willing to co-operate in the investigation or prosecution of others, or the extent to which he or she has already done so;
20. The likely outcome in the event of a finding of guilt having regard to the sentencing options available to the court;
21. Whether the alleged offence is triable only on indictment; and
22. The necessity to maintain public confidence in such basic institutions as the Parliament and the Courts.

The relevance of these and other factors and the weight which should be accorded to them will depend upon the particular circumstances of each case.

2.6 In many cases, of course, the interests of the public will only be served by the deterrent effect of an appropriate prosecution. Mitigating factors may always be put forward by an offender when the court is considering the appropriate sentence to be imposed and it will usually be appropriate that they be taken into account only in that manner. Nevertheless, the Director is invested with significant discretion, and, in appropriate cases, must give serious consideration to whether the public interest requires that the prosecution be pursued.

2.7 Plainly the decision to prosecute must not be influenced by:

1. The race, colour, ethnic origin, social position, marital status, sexual preference, sex, religion or political associations or beliefs of the alleged offender;
2. Any personal feelings concerning the alleged offender or victim;
3. Any political advantage or disadvantage to the Government or any political group or association; or
4. The possible effect of the decision on the personal or professional circumstances of those responsible for the decision.
   

This rule does not mean that particular sensitivities or other factors relevant to the alleged offender's conduct should be ignored merely because they are related to the race, sex or religion concerned. It may be necessary to take into account a wide range of matters such as whether the person was acting in accordance with a perceived moral duty or religious obligation, whether the conduct was induced by provocation felt more acutely due to racial innuendo or whether it may have been attributable to post natal depression or other medical factors related to the sex of the person.

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ANNUAL REPORT  2011-12  DIRECTOR OF PUBLIC PROSECUTIONS                                                                                    71

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