5. Sentencing Principles Flashcards
What are three aggravating factors which must be taken into account on sentencing?
- Previous convictions, having regard to their nature and time passed
- If the offence was committed on bail
- If the offence was motivated by a protected characteristic of victim
What are nine aggravating factors which may be taken into account on sentencing?
- Premeditation
- Committed in a group
- Vulnerable victim
- Drunk or on drugs
- Abuse of position of trust
- Weapon
- Gratuitous violence
- Victim providing public service
- High value or sentimental nature of property
What are seven mitigating factors which may be taken into account on sentencing?
- Impulse
- Provocation
- Disability/mental illness
- Very young/old
- Minor role played
- Motivated by fear
- Reparation to victim (payback)
What is the totality principle the court will consider when sentencing?
Overall sentence must be proportionate to the overall seriousness of the behaviour
When will sentences for multiple offences generally be served concurrently?
Offences are connected and arise out of the same matter, and the defendant is found guilty of more than one
When will sentences for multiple offences generally be served consecutively?
Offences did not arise out of the same matter
What reduction in sentence will the defendant receive if they plead guilty at the first available opportunity?
One third off
What does the custody threshold test provide, which must be passed before a custodial sentence can be imposed?
No offender should be sentenced to a custodial sentence unless the offence (or series of offences) is so serious that neither a fine nor a community order will suffice
What sentences can the (1) Magistrates Court and (2) Crown Court suspend, and how can can they be suspended for?
Magistrates Court can suspend a six month sentence and Crown Court can suspend a two year sentence, both for a maximum of two years
When is a Newton Hearing held?
When a defendant wants to plead guilty on a specified basis because they accept their culpability but do not agree with the full facts set out by the prosecution, a Newton hearing will be held if the prosecution disputes the defendant’s account.
The judge sitting alone will try to ascertain which party is telling the truth
What happens if a Newton hearing is settled in (1) the prosecution’s favour and (2) the defendant’s favour?
Prosecution’s favour: Defendant loses 1/3 credit for pleading guilty
Defence’s favour: Defendant retains 1/3 credit
On appeal, can the Crown Court impose a longer sentence that what was imposed in the Magistrates Court?
Yes, but it must be within the Magistrates sentencing guidlines
On appeal, can the CoA impose a longer sentence than what was imposed by the CC?
No
