Sentencing

Question 1

What is the maximum term of imprisonment for a summary offence?
a. 18 months
b. 6 months
c. 12 months
d. 24 months

Answer 1

c. 12 months

Question 2

What offences carry a minimum sentence?

Answer 2

1. s 15A and 15B Misuse of Drugs Act - 10 years
2. 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.

Question 3

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

Answer 3

d. all of the above

Question 4

What is concurrent sentencing?

Answer 4

Sentences run at the same time as each other

Question 5

What is consecutive sentencing?

Answer 5

Sentences run one after the other.

Question 6

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.

Answer 6

d. an offence committed following a suspended sentence.

Question 7

What is the totality principle?

Answer 7

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.

Question 8

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.

Answer 8

a. Concurrent

Question 9

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

Answer 9

c. Court discretion

-

Question 10

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.

Answer 10

d. all of the above.

Question 11

Where the def is charged and there are multiple victims which is more appropriate?

a. Concurrent
b. Consecutive
c. Court Discretion

Answer 11

c. Court Discretion

Question 12

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

Answer 12

all of them

Question 13

Where the def is already serving a sentence for a different offence which is more appropriate?

a. Concurrent
b. Consecutive
c. Court Discretion

Answer 13

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.

Question 14

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

Answer 14

b. Consecutive

• s13 CJA provides that sentence must be consecutive.

Question 15

Where the def commits an offence while ion bail for a different offence which is more appropriate?

a. Concurrent
b. Consecutive
c. Court Discretion

Answer 15

b. Consecutive

• s11 CJA provides that sentence must be consecutive.

Question 16

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.

Answer 16

b. on the date of expiry of the first offence.

Question 17

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.

Answer 17

d. (a) + (c)

Question 18

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.

Answer 18

b. the date the def first went into custody.
- Only get the benefit of this where the sentence is backdated.

Question 19

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

Answer 19

d. all of the above

Anger management, attendance at counselling, drug treatment, undergoing education and training etc.

Question 20

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.

Answer 20

d. All of the above.

Question 21

What is the total number of hours community service must not exceed?

a. 180
b. 225
c. 250
d. 240

Answer 21

d. 240

Question 22

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.

Answer 22

b. 1 year of making the order.

Question 23

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

Answer 23

d. €5,000

Question 24

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

Answer 24

c. €4,000

Question 25

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

Answer 25

a. €2,500

Question 26

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

Answer 26

b. €1,000

Question 27

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

Answer 27

e. €500

Question 28

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.

Answer 28

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.

Question 29

What is the result of a monitoring order?

Answer 29

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.

Question 30

What is the purpose of a protection of persons order?

Answer 30

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.

Question 31

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).

Answer 31

d. both (a) and (b)

Question 32

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.

Answer 32

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.

Question 33

What is binding over?

Answer 33

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.

Question 34

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

Answer 34

b. Poor Box
- Only appropriate for minor offences and first time offenders pleading guilty.