Chapter 9: Sentencing Principles

Question 1

Which 4 aggravating factors MUST be taken into account by the Court?

Answer 1

1. Relevant previous convictions
2. If the offence was committed whilst D out on bail
3. If offence was motivated by racial or religious hostility
4. If the offence was motivated by the victim’s sexual orientation, gender identity or disability

Question 2

The totality principle must be taken into account when sentencing. What is the totality principle?

Answer 2

The overall sentence mustn’t be disproportionate to the overall seriousness of offending behaviour

Question 3

If a defendant is found guilty of offences arise out of the same matter and are connected, should sentences be consecutive or concurrent?

Answer 3

Generally, sentences should be concurrent i.e. served at the same time

Question 4

If a defendant is found guilty of offences that did not arise out of the same conduct, should sentences be consecutive or concurrent?

Answer 4

Consecutive sentences are more likely to be imposed

Question 5

What credit will a defendant receive for entering a guilty plea?

Answer 5

One third reduction of sentence

Question 6

What is the custody threshold?

Answer 6

No offender should be sentenced to a custodial sentence unless the offence is so serious that neither a fine nor a community order can be justified

Question 7

What is the maximum period of suspended sentence that can be imposed?

Answer 7

2 years

Question 8

Which court can impose fines? Crown Court or Magistrates Court?

Answer 8

Both

Question 9

What is a Newton Hearing?

Answer 9

• Occurs when defendant pleads guilty to offence but disputes facts
• Hearing takes place to settle disputed facts
• If hearing settled in prosecution’s favour, defendant loses credit for early guilty plea
• If hearing settled in defendant’s favour, defendant retains credit for early guilty plea