5 sentencing Flashcards
types of sanctions
- Imprisonment
- Court secure treatment order
- Drug and alcohol treatment order
- Youth justice centre order
- Youth residential centre order
- Community correction order (CCO)
- Fine
- Adjournment
- Discharge
- Dismissal
purpose of sanction
DR PEPPER DRINK
- rehabilitation
- punishment
- deterrence (general and specific)
- denunciation
- protection
rehabilitation
reform an offender to prevent them from committing offences in the future
- aim: assist offenders change their attitudes n behaviour
- most appropriate sanction: CCO allows for participation in rehabilitative programs
punishment
penalise the offender and show society and the victim that criminal behaviour will not be tolerated
- avoids the need for a victim to take matters into their own hands
- judges evaluate and decide a punishment proportionate to the crime
deterrence
discourage the offender and others in the community from committing similar offences
- general deterrence: discourage others in the community from committing similar offences
- specific deterrence: discourage the offender from committing further offences
denunciation
demonstrate the community’s disapproval of the offender’s actions
- displays the court’s lack of tolerance for this behaviour
protection
safeguard the community from an offender by preventing them from committing further offence
- deprivation of liberty ensures the protection of their victims and the community
- non-custodial sentences can keep the offender occupied + attach conditions that restrict their movement
fines
a sanction that requires the offender to pay an amount of money to the state
considerations when imposing a fine
- purposes that the court wishes to achieve
- aggravating or mitigating factors
- offender’s ability to pay
- previous precedents set for the same offence
how do fines achieve the purposes of sanctions?
- punishment:
- deterrence:
- denunciation:
community corrections order (CCO)
a flexible, non-custodial sanction that the offender serves in the community, with conditions attached to the order
core conditions of CCOs
- offender must NOT commit another offence punishable by imprisonment
- offender must report to a specified CCC within 2 days of the order coming into force
- must report to and receive visits from a CCO
- must notify an officer of a change in address
- must NOT leave VICtoria w/o permission
- must comply w/ any directions of community corrections officers
special conditions of CCOs
- unpaid community work
- treatment and rehab programs
- supervision
- residence restriction or exclusion
- curfew
- alcohol exclusion
- bond
how do CCOs achieve the purposes of sanctions?
- punishment:
- deterrence:
- rehabilitation:
imprisonment
a sanction that involves removing the offender from society for a stated period of time and placing them in prison
cumulative sentence
where two sentences are imposed, and are to be served one after the other
concurrent sentence
a sanction that is to be served at the same time as one or more other sentences
indefinite sentence
a term of imprisonment that has no fixed end date, usually given to the most serious offenders
sentencing factors
- aggravating factors
- mitigating factors
- guilty pleas
- impact of the crime on victims (victim impact statements)
aggravating factors
facts or circumstances about an offender or an offence that can lead to a more severe sentence
examples of aggravating factors
- use of violence, explosives or a weapon
- offence was premeditated
- nature and gravity of the offence
- any vulnerabilities of the victim
- offender being motivated by hatred or prejudice
- offence taking place in front of children or seen by them
- breach of trust by the offender towards the victim
- prior convictions of the offender
- offence occurred while the offender was on a CCO, parole or bail
mitigating factors
facts or circumstances about the offender or the offence that can lead to a less severe sentence
examples of mitigating factors
- offender showed remorse
- offender has no prior criminal history or is of good character
- offender was acting under duress
- offender has shown efforts towards rehabilitation or has good prospects of rehabilitation
- offender was under personal strain at the time or they have a unique background
- effect that prison may have on the offender
- injury or harm caused by the offence was not substantial, or there was no risk to any people
- offender was young or had some disability that made them not fully aware of the consequences
- offender pleaded guilty early
guilty plea
when an offender formally admits guilt, which is then considered by the court when sentencing
- can act as a mitigating or aggravating factor
victim impact statement
a statement filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence
what you can include in your Victim Impact Statement
- emotional impact
- physical impact
- social impact
- financial impact
what u should avoid in ur victim impact statement
- DONT describe the crime more than what is necessary to explain how it affected you
- DONT say what sentence you think the offender should get or what should happen to them
- DONT mention other crimes the offender may have committed in the past
- DONT give your opinion about the chance of the offender committing other crimes in the future
- DONT give your opinion about the offender’s ability to change their ways
- DONT give your opinion about the personality or character of the offender
- DONT mention how the crime has affected other people
- DONT mention other documents that you have not attached to your Victim Impact Statement, or that were not part of the court case
- DONT use inappropriate or offensive language.
