5.3 Fines

Question 1

Fine

Answer 1

a sanction that requires the offender to pay an amount of money to the state

Question 2

How does a court determine the amount of a fine

Answer 2

• Financial circumstances of the offender
• whether any orders have been made in taking the offender’s property or to pay ammends/compensation
• any loss/damage to property because of offending
• benefit to the offender because of the offence

cooperations can be imposed 5x amount (direct can be liable)

Sentencing Act 1991

Question 3

What happens if a fine is unpaid

Answer 3

• can be discharged if circumstances change
• can be converted to community work if - circumstances have changed, worth less than 100 penalty units
• warning notices
• community work up to 500 hrs
• warrant to seize property to satisfy fine
• imprisonment (1 day per penalty unit up to 24 months)

Question 4

What are the Main purposes of fines

Answer 4

Punishment, Deterrence, Denunciation

Question 5

How do Fines achieve rehabilitation

Answer 5

Pros:
* Imposed with no conviciton
* sentencing act, parsimony precedent - circumstances must be taken into account
Cons:
* no reflective activity or reform
* can increase debt and disparity, increasing the root causes of crime

Question 6

How do Fines achieve punishment

Answer 6

Pros:
* are immediate consequences and are understood
* most people understand the value of money
Cons
* have unequal impacts on different offenders (unfair flat rates)
* doesn’t deprive liberty
* is (by precedent) acceptable for someone else than the offender to pay
* disproportionate fine can make offender feel the get away with it

Question 7

How do Fines achieve Deterrence

Answer 7

Pros
* are scaled based on person/corporation
* are big deterrent - arguably more than CCOs
Cons
* 49% of crime to pay debt - fines incraese and people may break law
* small fines don’t deter, but encourage
* fines by individuals aren’t seen
* big fines that can’t be paid have no effect - disproportionate if only for general deterrence

Question 8

How do Fines achieve Denunciation

Answer 8

Pros
* law adjusts fine to have same value as imprisonment
* an offence punishable by prison (not cat. 1/2) can be punished by 10x max number of months in prison in penalty units
* public understand the value of money more than supervision
Cons
* community has to be aware of the imposition of the sentence

Question 9

How do Fines achieve protection

Answer 9

Pros
* Fines do not remove the offender - mainly through deterrence
Cons
* Fines do not remove or restrict liberty or involve supervision