1.5 Sentencing Flashcards
What is sentencing
Occurs after a defendant either pleads guilty or is found guilty by the presiding judge, magistrate or jury. The magistrate or judge will determine the sanction the offender will receive
What is a sentence
The penalty given to a person who is convicted of a crime. A sentence is ordered by a judge based on the verdict of the jury (or the judges verdict when there is no jury)
Decided within possible punishments set by the law.
What are the types of sanctions a judge can apply?
The Sentencing Act (1991) sets out a range of sentencing options with sanctions ranging from the most (imprisonment) to the least (dismissal of a case without conviction) severe.
What is a fine
A monetary penalty paid to the State of Victoria (not the victim)
When can a fine be imposed
- in addition to another sentence
- the court will consider: financial circumstances of the offender, loss, destruction, or damage to property suffered as a result of the offence, the value of benefit the offender received from the offence
What is a CCO
-Community Correction Order
-A sanction allowing offenders to remain in the community whilst serving the sanction
-Requires them to comply with certain basic conditions that are attached to the order. A range of conditions can be imposed making a CCO a flexible sentencing option that can be given as a sanction for a wide range of crimes
Why are fines used?
-To punish the offender
-To deter the offender and wider community from committing crime
-To denounce the crime
When can a CCO be imposed?
-The offences are punishable by more than 5 penalty units
-The offender consents to the making of a CCO
-The offence is not a category 1 (ie. murder and rape) or a category 2 (ie. manslaughter and kidnapping)
Why are CCO’s used?
-The imposition of certain conditions on an offender make it an effective punishment
-To punish the offender
-To deter the offender from committing further crimes
-To deter the general community
-Certain conditions can help rehabilitate an offender and protect society (eg. Must live in a certain area)
What is imprisonment
The removal of someone out of society and denying them their liberty makes imprisonment the most severe sanction in Victoria
When can imprisonment be imposed?
-Each offence has a maximum penalty that can be imposed for that offence
-This is set out in the relevant statute. Eg. The maximum penalty for murder is Level 1, being life in prison
-Maximum penalties are reserved for the worst examples of an offence; therefore it is rare for an offender to be given the maximum penalty
Why is imprisonment used?
-Removal of the offender from the community serves to protect the community
-Denying the offender of their liberty serves as a punishment
-Deter the offender from committing further crimes
-Deter the general community
What is a mitigating factor?
Factors that lessen the offenders culpability and reduce the sentence imposed on them
What is an aggravating factor?
Circumstances about the offence that increase the offenders culpability (level of responsibility or blame) and therefore increase the sentence
What are examples of Aggravating Factors?
-Use of violence or weapons
-Any vulnerabilities of the victim
-Offender’s motivation of prejudice or hatred, gravity of the offence
-Previous offending
-Breach of trust by the offender
-Positions of authority and their abuse
-Victim Impact Statement
