Sentencing.

Question 1

What is the statute?

Answer 1

The Sentencing Act 2020.

Question 2

What is the purpose of sentencing (and section)?

Answer 2

S.57:
Punishment
Reduction of crime
Reform and rehabilitation
Protection of public
Reparation

Question 3

What two facts are focused on in assessing seriousness (and section)?

Answer 3

S.63: Culpability and harm.

Question 4

What are the 3 aggravating factors (and sections)?

Answer 4

• Offend on bail
• S.65: Pre-cons
• S.67: Assaults on emergency workers

Question 5

What are the mitigating factors (and sections)?

Answer 5

S.73: Reduction of sentence for guilty plea.
1/3 earliest stage.
1/4 after first stage.
1/10 first day of trial.

Question 6

What are the factors of higher culpability?

Answer 6

• alcohol/drugs.
• Relevant pre-cons.
• Gratuitous violence and damage.
• vulnerable victim.

Question 7

What is the factor of higher harm?

Answer 7

• Multiple victims.

Question 8

How should the sentencing guidelines be used (and section)?

Answer 8

S.59:
- general duty of the court.
- follow relevant guidelines.
Unless contrary to interests of justice.

Question 9

What are the types of sentence (7)?

Answer 9

1. Discharges.
2. Community Orders.
3. Ancillary Orders.
4. Fines.
5. Compensation Orders.
6. Suspended Imprisonment.
7. Imprisonment (custody).

Question 10

What is an ancillary order?

Answer 10

Imposed alongside the main sentence.

Question 11

What is the custody threshold test?

Answer 11

Is the offence serious enough that a fine or community order wouldn’t justify it.

Question 12

What is the community order threshold test?

Answer 12

Is the offence serious enough for a community order sentence.

Question 13

What is conditional discharge?

Answer 13

Requirement to not offend for a period.

Question 14

What is absolute discharge?

Answer 14

No punishment is necessary.

Question 15

What is an compensation order for (and section)?

Answer 15

S.133: For personal injury suffered by victim.

Question 16

What does a pre-sentence report do (and section)?

Answer 16

S.31: Assists court in determining the most suitable method of dealing with offender.

Question 17

What does a victim impact statement do (and case)?

Answer 17

Assess the impact of the crime on the victim. R v Perks.

Question 18

What are TICs?

Answer 18

Offences taken into consideration;
- aggravating offence.
- cannot be sentenced separately for them.
- Only used after proven guilt.

Question 19

What if D admits guilt on different basis to prosecution?

Answer 19

Court either accepts D’s account or holds a Newton Hearing if the difference would effect the fairness of the sentence.