AOS1 PART 2 Flashcards
What are the 3 purposes of the sentencing Act
(1) To promote consistency of approach in sentencing.
(2) To provide fair procedures for imposing sanctions
(3) To prevent crime and promote respect for the law.
what are 3 types of sanctions?
imprsioment
fines
community correction order (cco)
what are the 5 purposes of sanctions?
rehabilitation
punishment
deterrence (general and specific)
denunciation
protection
what is rehabilitation
rehabilitation is designed ti address the underlying causes if offending and treat the offender based on those cases.
what is an example of rehabilitation
a person may have a drug and/or alcohol addiction which led to them committing the crime. rehabilitation will focus on treating that addiction.
how can rehabilitation be achieved through community correction order?
may encourage rehabilitation by requiring offenders to participate in skills training or to undergo drug and alcohol treatment
What is punishment?
when a crime has been committed, an offender has done something unacceptable to society and must be penalised so that the victim of the crime and the community feels justice has been done
what is deterrence?
which is aimed at discouraging people from committing similar crimes.
What are the two types of deterrence?
General and specific deterrence
What is the purpose of general deterrence
is to discourage or deter others from committing offences because they see the consequences committing the crime.
what is specific deterrence
This is when the court seeks to discourage a particular offender from engaging in criminal activity in the future.
what is the purpose of sanctions?
is ti ensure that the community is safe from any further harm that can be caused by the offender
What is a indefinite sentence
a term of imprisonment that has no fixed end date, usually given to the most serious offenders
what is a fine
A fine is an amount of money ordered by the court to be paid by the offender to the state of Victoria.
A fine can be imposed as the only sanction, or it can be imposed with any other sanction. It can also be imposed with or without a conviction
what must the court determining because imposing on an amount of money for the fine
(1) the financial circumstance of the offender.
(2) an order requiring an offender to restore property or pay compensation to a victim should be given over a fine.
(3) any loss or destruction of, or damage to property suffered by a person as a result of the offence
what happens if a fine cannot be paid
A court can vary or discharge the fine if the circumstances of the offender substantially change. For example, a fine can be converted into a requirement to perform unpaid community work if:
(1) the circumstances of the offender have changed such that they are no longer able to pay the fine
(2) steps may be taken to enforce payment of the fine (e.g. warning notices may be sent)
(3) The offender may be ordered to undertake community work (to a maximum of 500 hours)
what are the two main purposes of imposing a fine
punishment and deterrence
What is a community correction order?
A community correction order (CCO) is a non-custodial, supervised sentence served in the community. It is intended to be a flexible order that can be tailored to the offending and the offender by way of conditions attached to the order.
what is the eligibility For a cco
A court can only impose a CCO if the offender has been convicted or found guilty of an offence punishable by more than 5 penalty units, the court has received a pre-sentence report, and the offender consents to the order. The court must also be satisfied that the CCO is appropriate for the offender.
what are the conditions attached to CCO’s
must not commit another offence punishable by imprisonment during the period of the order
must report to a specified community corrections centre within two working days of the order
coming into force
must report to and receive visits from a community corrections officer
must notify an officer of a change of address or employment within two working days after the change
- must not leave Victoria without permission
- must comply with any directions of community corrections officers.
what are 3 additions conditions in a CCO
curfew- The offender must remain at a place specified in the order between specified hours of each day (e.g. staying at home between 9 pm and 6 am).
treatment and rehabilitation -The offender must undergo treatment and rehabilitation ordered by the court, designed to address the causes of the offending. The court must have regard to the need to address the underlying causes of offending if attaching such an order.
residence restriction or exclusion - The offender must live at some place (or not live there), as specified in the order.
what happens id an offender cannot or does not comply
the circumstances of the offender materially change, which means they are not able to comply with any condition
- the offender no longer consents to the order
- it is no longer in the interests of the community or the offender for the CCO to continue to be served. This can also occur when a person contravenes (breaches) the conditions of a CCO and therefore commits an additional offence.
The court can also impose a different sanction, vary the conditions, or even cancel the CCO and make no further order.
In the following scenario, the judge imposed a CCO with three special conditions imposed.
sentencing purpose of CCO
as a CCO is a flexible sentencing option, it can achieve all of the purposes of sanctions, depending on the circumstances of offending and the offender Deterrence, rehabilitation and denunciation are often purposes of imposing a CCO, but protection and punishment can also be achieved.
what is Imprisonment
People who have been convicted of a crime (usually, for serious crimes) can be sentenced to imprisonment. This means they will be removed from society and have to spend time in prison, losing their freedom and liberty.
what is parole
parole is the conditional release of a prisoner after a minimum period has been served.
what is a concurrent sentence
a concurrent sentence runs at the same time as another sentence (eg: For example, someone who has been found guilty of theft and assault and sentenced to six months for theft and two years for assault ‘to be served concurrently’ will be in prison for only two years because the two sentences are served at the same time.)
what is cumulative sentence
A cumulative sentence is served straight after another sentence. In the above example, the offender would serve two years and six months. A cumulative sentence must be given for various offences, including the following:
when is a cumulative sentence given
(1) for certain serious offences (arson, sexual and serious violent offences and certain drug offences)
What is a indefinite sentence
a term of imprisonment that gas no fixed end date, usually given to the most serious offenders
when in a indefinite sentence imposed
The court can only impose an indefinite sentence if it is satisfied, to a high degree of probability, that the offender is a serious danger to the community because of:
their character, past history, health, age or mental condition
the nature and gravity of the serious offence, any special circumstances.
what are the 4 sentencing factors
aggravating factors
mitigating factors
guilty pleas
the impact of the crime on victims (victim impact statement)
what is a aggravating factor
aggravating factors are circumstances about the offender or the offence that tend to increase the offenders culpability and the sentence that they will receive.
what are 4 examples of aggravating factors
the use of violence, explosive, or a weapon when committing the offence.
where the offending was planned or premeditated
the nature and gravity of the offence
prior convictions of the offender
what are mitigating factors
mitigating factors are circumstances that a court should consider when determining the appropriate sentence. they can be circumstances relevant to the offender, the victim or the crime itself, and may decrease the offenders culpability and lead to a reduction in sentence.
what can guilty pleas do for the accused
a guilty plea at an early stage before trial (or hearing) or at the start of the trial can result in a sentence of reduced severity, because it acts as a mitigating factor
what are 4 examples of mitigating factors
if the offender showed remorse ( cooperation with the police, pleading guilty early, behaviour at court hearing)
the offender has no prior criminal history or is of good character
the offender was acting under duress
offender pleaded guilty early
what is a victims impact statement
A victims impact statemnt contains particulars of any injury, loss or damage suffered but the victim as a direct result of the offence
what is victim impact purpose of an victim impact statement
to assist the court when it is deciding on the sentence
