Sentencing

Question 1

What is the maximum sentence for criminal damage?

Answer 1

10 years (£5k or over)

3 months (under £5k)

Question 2

What is the maximum sentence for Aggravated Criminal Damage?

Answer 2

Life imprisonment

Question 3

What is the max sentence for

• Arson
• Aggravated Arson?

Answer 3

Life imprisonment

Question 4

What is the max. sentence for OAPA offences?

Answer 4

Assault: 6 months prison

Battery: 6 months prison

Assault occasioning ABH: 5 years prison

Wounding or inflicting GBH: 5 years prison

Wounding or causing GBH with intent: Life imprisonment

Question 5

What is the maximum sentence for:

• Murder
• Constructive Manslaughter
• Gross Negligence Manslaughter?

Answer 5

Life imprisonment (mandatory for murder)

Question 6

What are the maximum sentence for the theft offences?

Answer 6

Theft: 7 years prison

Robbery: Life imprisonment

Burglary:

• 14 years (dwelling)
• 10 years (non-dwelling)

Aggravated burglary: Life imprisonment

Question 7

What is the max sentence for fraud?

Answer 7

10 years prison

Question 8

What is the purpose of sentencing? (5)

Answer 8

1. Punishment
2. Reduction of crime
3. Reform & rehab of offenders
4. Protection of the public
5. Making of reparation by offenders to persons affected by their offence

Question 9

What is the principle of seriousness in sentencing?

Answer 9

Court must consider

(a) Offender’s culpability in committing the offence and

(b) Any harm the offence caused, was intended to cause, might foreseeably have caused

Question 10

What are the four different levels of criminal culpability?

Answer 10

• Intention to cause harm (most serious)
• Reckless as to whether harm caused
• Knowledge of specific risks although do not intend to cause resulting harm
• Guilty of negligence (lease serious)

Question 11

What are the 4 statutory aggravating factors in determining seriousness?

Answer 11

a. Previous convictions (having regard to nature of prev conviction & time elapsed)

b. Offences committed whilst on bail

c. Racial or religious aggravation

d. Hostility based on sexual orientation or disability

Question 12

What are some of the non-statutory aggravating factors when determining seriousness?

Answer 12

• Planned or premeditated offences
• Offenders in groups or gangs
• Targeting of vulnerable groups
• Offences involving abuse of position of trust
• Use of weapon
• Offences committed under influence of drink or drugs
• High value of property to victim
• Deliberate, gratuitous violence or damage

Question 13

What are some of the non-statutory mitigating factors the court may consider?

Answer 13

i. D acted on impulse

ii. D experienced high degree of provocation

iii. If D suffering from mental illness or physical disability

iv. Age

v. If only played minor role

vi. D motivated by genuine fear

vii. If have made attempts to make reparation to their victim

Question 14

What is the role of the sentencing guidelines?

Answer 14

For every offence with a guideline, sets out an 8 step approach which the court must follow to arrive at the sentence:

1 - offence category (depends on harm & culpability)

2 - aggravating & mitigating factors

3 - factors for reducing sentence

4 - reduction in sentence for guilty plea

5 - imposing extended sentence if required

6 - totality principle

7 - compensation & other ancillary orders

8 - giving reasons for sentence

Question 15

What is the reduction in sentence where the defendant pleads guilty at the first stage of proceedings?

Answer 15

One third

Question 16

What is the reduction in sentence where the defendant pleads guilty after the first stage of proceedings but before trial?

Answer 16

One quarter

Question 17

What is the reduction in sentence where the defendant pleads guilty on the day the trial was meant to take place?

Answer 17

One tenth

Question 18

What is the reduction in sentence where the defendant pleads guilty during the trial?

Answer 18

Anything between one-tenth & zero

Question 19

What is the totality principle in sentencing?

Answer 19

When offender being sentenced, court will take into account both the offence they’re being sentenced for & any associated offence

(Associated offence = convicted in same proceedings / sentenced at same time / asked court to take into consideration)

–> Only if the totality of the offending (eg. offence & assoc. offence) passes the appropriate thresholds will a particular sentence be imposed

Question 20

What is the difference between concurrent sentences & consecutive sentences?

Answer 20

Concurrent: custodial terms deemed served at same time

Consecutive: one custodial term starts after the other has finished

*Nb. consecutive terms not generally imposed where matters of fact arise out of the same incidence

Question 21

What is the aim of the plea in mitigation?

Answer 21

To persuade sentencing court to impose most lenient sentence they could reasonably be expected to give

Question 22

When should the courts apply the custody threshold test?

Answer 22

When they have the discretion as to whether a custodial sentence should be imposed

Question 23

What is the custody threshold test?

Answer 23

The offence is so serious that neither fine nor community sentence can be justified

(Nb. if passed, does not automatically mean custodial sentence - may be mitigating factors etc. making non-custodial sentence appropriate)

Question 24

How long should a custodial sentence be?

Answer 24

The shortest term commensurate with the seriousness of the offence

Question 25

What is a suspended sentence?

Answer 25

A custodial sentence of up to 2 years may be suspended for at least 6 months & not more than 2 years - usually with requirements for a specified supervision period

Question 26

How long can a custodial sentence be suspended for?

Answer 26

At least 6 months & not more than 2 years

Question 27

What must the court order if a defendant breaches a requirement of their suspended sentence or commits a further offence?

Answer 27

a. Order custodial sentence originally suspended to take effect (unaltered or for shorter period of time)
Nb. prison term for original offence will be consecutive to sentence for any new offence

b. If it would be unjust to so so, instead must amend original order by imposing more onerous requirements or by extending operational / supervision period

Question 28

Which court will deal with a defendant breaching a requirement of a suspended sentence or committing a further offence?

Answer 28

If suspended sentence originally imposed by mags may be dealt with for breach by mags or CC; if originally imposed by CC can only be dealt with by CC

Question 29

What happens if a defendant breaches a community order for the first time?

Answer 29

Receive warning from their Probation officer

Question 30

What happens if a defendant breaches their community order for the second time within 12 months?

Answer 30

Required to appear before court which imposed order

The court must:

a. Amend order to impose more onerous requirements; or

b. Revoke order & resentence defendant for offence ); or

c. Revoke order & impose custodial sentence - where D has wilfully & persistently failed to comply (even where original offence not custodial)

Question 31

What happens if a defendant is convicted of further offences during the community order period?

Answer 31

Mags may:

i. Allow original order to continue

ii. Revoke order (where imposing custodial sentence for new offence)

iii. Revoke order & re-sentence D for original offence as if has just been convicted

Question 32

When is a Newton hearing held?

Answer 32

When the defendant pleads guilty but disputes the specific factual version of events put forward by the CPS