SENTENCING AND APPEALS Flashcards
1
Q
what is the totality principle
A
- when an offender is being sentenced the court will take into account both the offence he is being sentenced for and any associated offence
- the sentencer must consider the totality of the offending rather than each offence in isolation
2
Q
sentencing
A
- prosecutor must tell all facts of the offence and any relevance
- mitigation persuading the courts to give a more lenient sentence
- variation and deferring is very rare
- mitigating and aggravating factors
3
Q
sentencing not just in custodial prison
A
- a range of sentencing available to magistrate or judge and they should consider the most appropriate
- incarceration is not always the most painful
- must make sense in modern democracy
4
Q
4 types of sentencing
A
custodial
community order
fine
discharge
5
Q
3 types of appeal
A
appeal from the magistrates court
appeal to the high court by way of case stated
appeal to the high court for judicial review
6
Q
appeal against conviction
A
court of appeal will consider if the conviction is unsafe:
- incorrect direction towards the jury
- exclusion of key evidence
- inappropriate interventions
7
Q
appeals from crown court against sentencing
A
- is the sentence wrong in law?
- is the sentence wrong in principle?
- did the judge adopt the wrong approach?
- was there an unjustified disparity in sentencing?
- was the sentence manifestly excessive?
8
Q
appeal system in terms if enabling justice
A
- consider availability of the appeal and disparity between courts
- sentence can be appealed
- conviction
- defence and prosecution role
- CPS seem to have more options
- criminal case review commission
9
Q
double jeopardy
A
- the rule against double jeopardy means a person cannot be tried twice for the same crime
- very serious offence when new evidence comes to light
- prosecution are gradually acquiring more rights within strict confines
