1.5 Sentencing Flashcards
Use Legal flashcards for more depth
When does sentencing occur?
After accused pleads guilty, or is found guilty by the court.
Occurs during the plea hearing.
Who decides the sentence?
The judge or Magistrate.
What is a sentence?
Penalty given to a person convicted of a crime.
Decided within possible punishments in legislation.
What is a fine?
Sanction that requires offender to pay monetary penalty to state of Victoria.
Fine is not payed to victim.
What is an aggravating factor?
circumstances about offence that increase offender’s culpability and therefore increase the sentence
culpability - level of responsibility or blame
Factors increasing sentence
What is a mitigating factor?
Factors that can lessen culpability and reduce sentence imposed on them.
Factors decreasing sentence.
Examples of aggravating factors.
- use of weapons or violence
- Vulnerabilities of victim
- Offender’s motivation of prejudice or hatred
- Previous offending
Examples of mitigating factors.
- victim partly to blame
- Showing remorse or co-operating with police
- Acting under duress or or significant personal strain
- Youth of offender or little to none doli incapax
- Early guilty plea.
doli incapax - did not know nature of offence and consequences.
What is a victim impact statement?
Impact an offence has on victim (or family if victim is deceased) taken into account before sentencing.
Not included as evidence.
What does a Victim impact statement include?
- particulars of injury
- loss or damage suffered by victim (direct result of offence)
Is a VIS an aggrevating or mittigating factor?
Aggrevating as it increases offender’s culpability.
What are 3 types of sanctions?
Imprisonment, CCO, Fine
In order of descending seriousness
