7.2 Difference between Conviction and Sentencing

PointConvictionSentencingQuestionGuilt — did the accused commit the offence?Consequence — what shall be imposed?StandardBeyond reasonable doubtDiscretion guided by law (not a doubt- standard)Parties' focusThe offence's evidenceThe offender's profile + the offence's gravityTimingFirst; may stand aloneFollows conviction (a distinct stage — commonly a separate hearing)Error's effectAcquittal/ conviction on appealSentence enhanced/ reduced on appealTheologyRetribution's and legality's stageThe five purposes' balancing stage (Unit 5)The separation matters practically: a full sentencing hearing after conviction lets the parties be heard on sentence — prosecution's aggravation case, defence's mitigation case, the victim's statement (the Crime Victim Protection Act 2075's participation face) — the individualisation's procedural home.