Sanctions

Question 1

Fairness

Answer 1

• fair legal processes and a fair hearing or trial

The parties in a legal case should have an opportunity to:

• know the facts of the case
• present their side of events.

Question 2

Equality

Answer 2

• people are equal before the law
• same opportunity to present their case as anyone else, without advantage or disadvantage.
• Laws and processes should not discriminate against any person, and should ensure that any person cannot discriminate against another.
• The people who hear legal cases should be objective and unbiased.

Question 3

Access

Answer 3

• all people should be able to understand their legal rights and pursue their case.
• access to institutions and people that provide legal information, advice and representation, and information about a person’s rights.

Question 4

Police

Answer 4

The role of the police is to serve the community and the law, and to enforce criminal law.

Question 5

Delegated Body

Answer 5

A delegated body is an authority or agency given power by parliament to make and/or enforce laws.

Question 6

Role of the Victorian Courts

Answer 6

Determine a criminal case

Impose a sanction

Question 7

Jurisdiction

Answer 7

refers to the right or power of a court to apply the law and hear cases.

Question 8

Original Jurisdiction

Answer 8

the power of a court to hear a case for the first time

Question 9

Appellate Jurisdiction

Answer 9

the power of a court to hear a case on appeal

Question 10

Magistrate’s Court Jurisdiction

Answer 10

Original:
summary offences, indictable offences heard summarily, committal proceedings, bail and warrant applications

Appellate:
none

Question 11

County Court Jurisdiction

Answer 11

Original:
Indictable offences except murder, attempted murder, certain conspiracies, corporate offences

Appellate:
From the Magistrates’ Court on a conviction or sentence

Question 12

Supreme Court Jurisdiction

Answer 12

Original:
Serious indictable offences
All homicide cases

Appelate:
From the Magistrates’ Court on a question of law

Question 13

Supreme Court (Court of Appeal) Jurisdiction

Answer 13

Original:
none

Appelate:
From the County Court or the Supreme Court (with leave)

Question 14

Childrens’ Court Jurisdiction

Answer 14

Original:
Offences committed by children between 10 and 17 years of age
(except for certain offences)

Appellate:
none

Question 15

Coroner’s Court Jurisdiction

Answer 15

Original:
investigation of deaths and fire

Appellate:
none

Question 16

What is a jury?

Answer 16

A trial by jury is a trial by peers in which an impartial group of randomly selected people hears evidence and hands down a verdict.

Question 17

When are criminal juries used?

Answer 17

• Criminal juries are used in the original jurisdiction of the County Court and the Supreme Court.
• Juries are never used in the Magistrates’ Court.
• Juries are not used in appeals or when an offender has pleaded guilty.

Question 18

The jury must:

Answer 18

• listen to all the evidence
• concentrate during trial
• standard of proof: reasonable doubt
• try a unanimous verdict.
• A majority verdict can be accepted except for some offences such as murder.
• If a majority verdict (11/12) cannot be reached there is a hung jury. (case is retried)

The jury cannot make enquiries (including internet searches) about the case while the case is ongoing.

Question 19

Strengths of Jury

Answer 19

• Impartial and independent
• Community is involved - increase community confidence in justice system
• Fairness - based on evidence and facts
• Spread responsibility
• Reflects community values

Question 20

Weaknesses of Jury

Answer 20

• do not give reason for verdict
• task is difficult (may not be suitable for untrained members of society
• jurors may be influenced by skilled lawyers
• juror biases

Question 21

Punishment

Answer 21

This allows victims and their families to seek retribution without taking the law into their own hands.
Imprisonment is the most severe punishment in our society.

Question 22

Protection

Answer 22

This is to safeguard society by imposing a sanction that will prevent the offender from harming again.

Question 23

Rehabilitation

Answer 23

One of the purposes of sanctions is to modify the behaviour of the offender by treating the underlying causes of offending.

Question 24

Deterrence

Answer 24

discourage the offender and others in society from the same or similar offences in the future.
General deterrence – discouraging the offender and others in the community from committing similar offences
Specific deterrence – discouraging the offender from committing offences

Question 25

Denunciation

Answer 25

convey the message that this type of criminal behaviour will not be tolerated by the courts.

Question 26

Fines

Answer 26

The offender pays the state the monetary penalty
Fines are expressed as penalty units from 1 to 3000
AIM: punish/deter

Question 27

CCO

Answer 27

A sanction that allows the offender to remain in the community while serving the sanction
AIM: Punish/rehabilitate/protect (keep them busy)

Question 28

Imprisonment

Answer 28

Imprisonment is the most serious sanction and involves the removal of the offender out of society and into a jail

Question 29

Parole

Answer 29

Parole - early release from prison

When a prisoner has been imprisoned for two years or more, courts must fix a non-parole period

Question 30

Mitigating Factors

Answer 30

Factors that may reduce the sentence:

• nature and gravity of the offence
• early guilty plea
• lack of prior offending
• remorse
• prospects of rehabilitation
• offender acting under duress

Question 31

Aggravating Factors

Answer 31

Factors that may increase the sentence:

• Nature and gravity of the offence
• use of weapons
• use of violence or explosives
• children present
• previous offending
• injury, loss or damage to the victim

Question 32

Therapeutic Justice

Answer 32

underlying health and personal issues are addressed to prevent reoffending.