Sentencing Flashcards
What is the Sentencing Code?
The Sentencing Code is a consolidation of existing sentencing procedure law, bringing together over 50 pieces of primary legislation into the Sentencing Act 2020 (‘SA 2020’).
What sections make up the Sentencing Code?
Parts 2 to 13 of the SA 2020 make up the Sentencing Code.
What types of sentences are available to courts?
Courts can impose custodial and non-custodial sentences.
What are the purposes of sentencing for adults according to Section 57 SA 2020?
The purposes are: (a) punishment of offenders, (b) reduction of crime, (c) reform and rehabilitation, (d) protection of the public, (e) making reparation by offenders.
What is the approach to sentencing?
The approach involves assessing the seriousness of the case and referring to sentencing guidelines.
When does sentencing occur?
Sentencing occurs once a defendant is convicted, either by a guilty plea or after a trial.
What is a Newton hearing?
A Newton hearing is held when a defendant pleads guilty on a basis that will materially affect the sentence, to determine the factual basis for sentencing.
What happens at a Newton hearing?
The prosecution presents its case, evidence is called, and both parties can address the judge. The court decides which version of facts to accept for sentencing.
What is totality in sentencing?
Totality refers to considering the overall sentence when sentencing for multiple offences, determining whether to impose consecutive or concurrent sentences.
What is the maximum deferral period for a sentence?
A court can defer a sentence for up to six months.
What are the procedures for seeking an indication of sentence?
In the magistrates’ court, a defendant can ask for an indication after the allocation process. In the Crown Court, a Goodyear indication can be requested before the PTPH or before the jury’s verdict.
What must the court consider when determining sentence seriousness?
The court must consider the offender’s culpability and any harm caused by the offence.
What are the statutory thresholds for custodial and community orders?
A custodial sentence can only be imposed if the offence is so serious that neither a fine nor a community sentence can be justified. A community order requires the offence to be serious enough to warrant it.
What is the role of sentencing guidelines?
Every court must follow relevant sentencing guidelines unless it would be contrary to the interests of justice.
What happens at a sentencing hearing?
The prosecution opens facts and makes submissions, followed by the defence mitigating, and then the judge passes sentence.
What is a pre-sentence report?
A pre-sentence report assists the court in determining the most suitable method of dealing with an offender and must be obtained before passing a custodial or community sentence.
What factors does the court consider in the Code’s approach to sentencing?
The court considers offence seriousness, aggravating and mitigating factors, assistance to prosecution, guilty plea reductions, totality, and appropriate ancillary orders.
How does the court determine the category of sentencing guidelines?
The court determines the category based on culpability and harm, then adjusts the starting point according to aggravating and mitigating factors.
What are common aggravating factors in sentencing?
Common aggravating factors include previous convictions and other factors that increase the seriousness of the offence.
What is the starting point for Category 3 sentencing?
The starting point for Category 3 sentencing is 4 years’ custody, with a category range of 3-5 years’ custody.
What is the point range for 6 years’ custody?
The point range for 6 years’ custody is 5-9 years’ custody.
What factors are considered when determining a sentence?
The court considers aggravating and mitigating factors.
