Chapter 9: Sentencing Principles Flashcards
When does the court move to passing sentence?
If a defendant is convicted or pleads guilty to an offence
What must the court consider when deciding the appropriate sentence?
The court must consider:
i. punishment of the offender,
ii. reduction of crime,
iii. reform and rehabilitation of the offender,
iv. protection of the public, and
v. reparation by the offender.
When may the court decide to order pre-sentence reports?
The court may decide to order pre-sentence reports before passing sentence - to help determine the appropriateness of various sentencing options
What are the sentencing guidelines?
Exist to ensure consistency of sentence for similar offences.
These guidelines offer a starting point for an offence + list aggravating and mitigating factors, which may increase or lower the sentence respectively.
When should courts follow the sentencing guidelines?
Courts are obliged to follow the guidelines unless it is against the interest of justice to do so.
What aggravating factors must be taken into account?
- Previous convictions if it is reasonable to do so (having regard to their nature + the time passed since conviction)
- Offence committed whilst on bail
- Racial or religious aggravation
- Hostility based on sexual orientation, transgender identity or disability
What aggravating factors may be taken into account?
- Offence premeditated
- Offence committed in a group
- Targeting a vulnerable victim
- Offence committed under the influence of drugs or alcohol
- Abuse of position of trust
- Use of weapon
- Gratuitous violence or damage to property
- Victim providing a service to the public
- High value of sentimental nature of property
- Failure to respond to previous sentence
What mitigating factors may the court take into account?
- Offence committed on impulse
- Defendant subject to high degree of provocation
- Defendant has a disability or mental illness
- Defendant is very young or very old
- Defendant played a minor role
- Defendant was motivated by fear
- Defendant has attempted to make reparation with the victim
What is the totality principle?
The court must take into account the totality principle when sentencing an offender.
Totality means the overall sentence must not be disproportionate to the overall seriousness of the offending behaviour
When will multiple sentences generally be concurrent?
If offences arise out of the same matter + are connected and the defendant is found guilty of more than 1 of the offences.
This means that each sentence will be served at the same time.
When will multiple sentences generally be consecutive?
If the defendant is found guilty of multiple offences that did not arise out of the same conduct, consecutive sentences are more likely to be imposed, meaning the sentences will be served after each other.
What credit is given for entering a guilty plea early?
A defendant who pleads guilty before trial is entitled to a reduction in sentence that would otherwise be imposed.
The earlier the guilty plea is entered, the greater the reduction in sentence the defendant will receive.
If the defendant pleads guilty at the first opportunity, they will receive a 1/3 reduction in sentence
What may mitigating factors relating to the defendant include?
May include the defendant’s:
i. age,
ii. health,
iii. good character,
iv. work and home situation,
v. progress since the offence was committed,
vi. remorse for offending, and
vii. efforts to address the offending
What sentencing powers does the Magistrates’ Court have?
I. maximum of 6 months’ for a single or multiple summary only offences or a single either way offence,
II. maximum of 12 months’ imprisonment for 2 or more either way offences.
How are the Crown Court’s sentencing powers restricted?
By the maximum sentences for each offence.
