AOS3 - Sanctions Flashcards
1
Q
Fines (non-custodial)
A
- monetary penalty paid by offender to the state
- expressed in penalty units from 1- 3000 (2024 = one penalty unit is $192.31)
- When imposing a fine, the court considers:
- the purpose that they wish to achieve (punish etc.)
- aggravating/mitigating factors
- offender’s financial situation
- can be paid in instalments (if offender defaults, the court can issue arrest warrants, allow further payment time or order community service work)
- often imposed on companies because they can’t be imprisoned
2
Q
Community correction orders (CCOs) (non-custodial)
A
- order by the court that allows the offender to remain in the community WITH CERTAIN CONDITIONS ATTACHED
- can be imposed with a fine or imprisonment of 1 year or less (CCO served after imprisonment term)
- CCOs can be imposed if:
- offence is punishable by 5+ penalty units
- the offender has agreed to a CCO
- length of CCO varies (one offence = max 2 years, multiple = max 5 years)
- cannot be imposed for category 1 offences (murder, rape, treason etc.)
3
Q
Optional CCO conditions (tailored to specific offenders)
A
- complete unpaid community work (cannot be more than 600 hours worth)
- abiding by a curfew
- undertake medical treatment/rehab programs for drug/alcohol addiction
- avoiding contact with particular person/s
- staying away from particular place/suburb
- ankle monitoring
- not consume alcohol/drugs or attend licensed venues, such as bars/clubs
3
Q
Mandatory CCO conditions (apply to all offenders)
A
- cannot reoffend during CCO
- cannot leave Vic without permission
- must notify CCO supervisor if address changes
- must comply with directions given by the CCO
4
Q
Imprisonment (custodial)
A
- removes offender from the community and places them in prison for a given time period
- usually provide a minimum term of imprisonment after which an offender can apply for parole
5
Q
Imprisonment - concurrent sentences
A
- a sentence served at the same time as another when the offender is convicted of multiple offences (e.g. 5 years for all of the offences they were found guilty of)
- usually used if the offender has good rehab prospects
6
Q
Imprisonment - cumulative sentences
A
- sentences of imprisonment that are served one after the other (e.g. 5 years for one, 6 years for the next, served after the first terminates)
- usually used if the offender needs to be kept behind bars for a long period of time to protect the community
7
Q
Effectiveness of fines
A
- Strengths:
- punishes offender as cannot use money freely
- large fine can help court to denounce offender
- financial loss both specifically and generally deters
- Weaknesses:
- wealthy individuals/corporations may see a fine as a minor inconvenience, meaning fines lack punishment and deterrence
- protection is not achieved as the offender isn’t removed from the community
- there are no prospects or means of rehab
8
Q
Effectiveness of CCOs
A
- Strengths:
- punishes as the offender’s movement is restricted
- specific deterrence is achieved through the specific conditions
- CCOs attempt to address root causes of offending, which adds rehab prospects
- Weaknesses:
- if the offence’s impact is serious, a CCO may be viewed as not punishing enough
- perception of lenience may prevent general deterrence
- allows the offender to remain in society which limits protection
9
Q
Effectiveness of imprisonment
A
- Strengths:
- offender is punished through loss of freedom and limited access to friends/family
- harsh conditions ensure specific and general deterrence
- offender is removed from society, enabling for protection
- Weaknesses:
- high rate of recidivism due to exposure to unsavory behaviours or ideas
- protection is limited to the extent of the sentence
- rehabilitation is almost impossible due to exposure to negative behaviours or ideals, and the lack of resources for rehab programs
