Sentencing Flashcards
What is the maximum term of imprisonment for a summary offence?
a. 18 months
b. 6 months
c. 12 months
d. 24 months
c. 12 months
What offences carry a minimum sentence?
- s 15A and 15B Misuse of Drugs Act - 10 years
- s 42 CJA 2006 - number of firearms offences - 10 years minimum
- possession of firearm while taking a vehicle, prohibition of use of firearm to assist or aid escape, possession of a firearm or ammunition in suspicious circumstances, carrying a firearm with criminal intent, shortening barrel of shotgun or rifle.
In what circumstances are courts bound to a mandatory minimum sentence?
a. Second Offence under s15A or 15B of Misuse of Drugs
b. A first s15A offence and a previous conviction for 15B
c. Serious firearm offence with a previous conviction for a serious firearm offence.
d. all of the above
d. all of the above
What is concurrent sentencing?
Sentences run at the same time as each other
What is consecutive sentencing?
Sentences run one after the other.
Which of the following would not cause a consecutive sentence to be imposed?
a. an offence committed while on bail
b. offence committed in custody
c. offence committed while on a suspended sentence
d. an offence committed following a suspended sentence.
d. an offence committed following a suspended sentence.
What is the totality principle?
A sentence will only be interfered with if too high or too low, in light of all of the circumstances of the case.
- Should be an overall just sentence.
Where the def is charged with multiple offences but there is one victim arising out of one incident which is more appropriate?
a. Concurrent
b. Consecutive
c. Court discretion.
a. Concurrent
Where the def is charged with multiple offences and there is one victim arising out of multiple incidents which is more appropriate?
a. Concurrent
b. Consecutive
c. Court Discretion
c. Court discretion
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In DPP v Z, the CCA stated that consecutive sentences in sex cases should generally only be used in what circumstances?
a. Where there are different victims.
b. Where the offences are committed over a very long period of time
c. Where there are circumstances of depravity.
d. All of the above.
d. all of the above.
Where the def is charged and there are multiple victims which is more appropriate?
a. Concurrent
b. Consecutive
c. Court Discretion
c. Court Discretion
What will influence the decision of the Court in imposing concurrent or consecutive sentences where there are multiple victims?
a. the totality principle
b. whether there was one incident or separate incidents
c. if separate incidents were in close proximity to each other
d. any circumstances of particular depravity or brutality accompanying the offence
all of them
Where the def is already serving a sentence for a different offence which is more appropriate?
a. Concurrent
b. Consecutive
c. Court Discretion
b. Consecutive
- Generally consecutive sentence imposed as otherwise the def would not receive punishment for the second offence.
- Judge does have discretion though so where the offences occurred around the same time, may be more likely to impose concurrent.
Where the def commits an offence while in prison and is already serving a sentence for a different offence which is more appropriate?
a. Concurrent
b. Consecutive
c. Court Discretion
b. Consecutive
- s13 CJA provides that sentence must be consecutive.
Where the def commits an offence while ion bail for a different offence which is more appropriate?
a. Concurrent
b. Consecutive
c. Court Discretion
b. Consecutive
- s11 CJA provides that sentence must be consecutive.
When does a consecutive sentence begin?
a. at the same time as the first offence.
b. on the date of expiry of the first offence.
c. 2 weeks after the date of expiry of the first offence
d. a date at the discretion of the sentencing Judge.
b. on the date of expiry of the first offence.
In what circumstances can an offence be taken into consideration?
a. Where a person is convicted of a number of offences (particularly in DC) rather than imposing a sentence for each charge, Judge will impose on one charge and take others into consideration.
b. Where the def admits their guilt to an offence with a mandatory penalty to receive a sentence with another offence with the consent of the DPP.
c. Where the def admits their guilt to any other offence with the consent of the DPP the Court can take into consideration.
d. (a) + (c)
e. all of the above.
d. (a) + (c)
When does a back-dated sentence begin?
a. the date the offence was committed.
b. the date the def first when into custody.
c. the date of the beginning of the trial.
d. at the Judges discretion.
b. the date the def first went into custody.
- Only get the benefit of this where the sentence is backdated.
What conditions are imposed with a suspended sentence?
a. Keep the peace
b. Good behaviour
c. Any condition Judge finds appropriate having regard to the nature of the offence.
d. all of the above
d. all of the above
Anger management, attendance at counselling, drug treatment, undergoing education and training etc.
What conditions must be met before a CSO can be made?
a. Person must be suitable for a CSO - probation report will be ordered which will set out if suitable or not.
b. Suitable community work must be available for the person to do.
c. Offender must consent to CSO.
d. All of the above.
d. All of the above.
What is the total number of hours community service must not exceed?
a. 180
b. 225
c. 250
d. 240
d. 240
How long does the offender have to complete the community service?
a. 2 years of making the order
b. 1 year of making the order.
c. 2 years of commencing the community service.
d. 1 year of commencing the community service.
b. 1 year of making the order.
What is the maximum fine a Court can impose as a Class A fine?
a. €2,500
b. €3,000
c. €4,000
d. €5,000
e. €500
d. €5,000
What is the maximum fine a Court can impose as a Class B fine?
a. €2,500
b. €1,000
c. €4,000
d. €5,000
e. €500
c. €4,000
What is the maximum fine a Court can impose as a Class C fine?
a. €2,500
b. €1,000
c. €4,000
d. €5,000
e. €500
a. €2,500
What is the maximum fine a Court can impose as a Class D fine?
a. €2,500
b. €1,000
c. €4,000
d. €5,000
e. €500
b. €1,000
What is the maximum fine a Court can impose as a Class E fine?
a. €2,500
b. €1,000
c. €4,000
d. €5,000
e. €500
e. €500
When is a monitoring order or a protection of persons order active?
a. When offender is released from prison.
b. Any time it is appropriate.
c. While in detention.
d. all of the above.
a. When offender is released from prison.
- Broad sentencing option where an offender is convicted on indictment of an offence specified in schedule 2 of the CJA 2007.
What is the result of a monitoring order?
Requires he offender to notify in writing the inspector of the Gardaí of the district in which the offender’s home is located, of the offender’s address, change of address or any proposed absence for a period of more than 7 days from his or her hime.
What is the purpose of a protection of persons order?
Protecting the victim of the offence concerned or any other person named in the order from harassment or intimidation by the offender while the order is in force.
Section 1(1)(ii) of the Probation act provides for what in relation to minor offences?
a. Discharging the offender on condition that they enter into a recognisance, to be on good behaviour and to come before the Court, for sentence when called on to do so within any time not exceeding 3 years.
b. Not impose a conviction on the offender.
c. neither (a) nor (b).
d. both (a) and (b).
d. both (a) and (b)
Section 1(1)(i) of the Probation Act provides for what in relation to minor offences?
a. Dismiss the offence where the facts have been proven without proceeding to a conviction.
b. Discharging the offender on condition that they enter into a recognisance, to be on good behaviour and to come before the Court, for sentence when called on to do so within any time not exceeding 3 years.
c. impose extra conditions on probation.
d. all of the above.
a. Dismiss the offence where the facts have been proven without proceeding to a conviction.
- No more than a formal warning. No risk of being brought before the Court at a later date to have a tougher sentence imposed.
- Ct take into account
- character, age, antecedents, health or mental condition.
- trivial nature of offence
- extenuating circumstances.
What is binding over?
Offender entering into a recognisance to be bound over, for a period of time in a stated sum of money. If that person gets in trouble within the period stated, they must pay the sum or face imprisonment.
What other sentence is used most commonly in conjunction with a Section 1(1)(i) probation act?
a. Fine
b. Poor Box
c. Binding over
d. CSO
b. Poor Box
- Only appropriate for minor offences and first time offenders pleading guilty.
