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
