Sentencing and appeals Flashcards
What is the role of the sentencing guidelines?
To assist the court in categorising the seriousness of the offence.
What types of sentencing guidelines are there? (3)
Overreaching guidelines - general approaches
Magistrates’ court guidelines - offence-specific guidelines + explanatory material
Crown Court guidelines - offence-specific guidelines
What is considered when determining the seriousness of an offence?
The offender’s culpability and the harm caused
What are the four levels of culpability?
Intention
Recklessness
Knowledge of risks/no intent
Negligence
What is considered when determining harm?
Physical injury
Sexual violation
Financial loss
Damage to health
Distress
What are the statutory aggravating factors?
Relevant previous convictions, having regard to the nature of the offence and its relevance to the current offence AND the time that has elapsed since
Offences committed whilst on bail
Hostility based on specific characteristics
What are other aggravating factors that may be taken into account?
Influence of drugs/alcohol
Evidence of planning
Attempting to conceal evidence
Abuse of position
Assaults on emergency workers
What are mitigating factors?
D acted on impulse
D experienced a high degree of provocation
Age of the defendant
Mental illness
Co-operation with police/CPS
When can a sentence be reduced for a guilty plea?
First stage of proceedings = one third
After first stage = one quarter
First day of trial = one tenth
During trial = zero
What is the totality principle?
Where a sentencing court will take into account the offence they are being sentenced for and any associated offences within the same proceedings.
What is a concurrent sentence?
Custodial sentences deemed to be served at the same time.
Usually arise out of the same incident or facts.
What is a consecutive sentence?
Where one custodial sentence will start after another.
Arise out of unrelated facts or incidents.
What is the custody threshold?
Where the court is of the opinion that the offence or combination of offences is so serious that neither a fine nor community service can be justified for the offence.
When are offenders eligible for early release?
Halfway through sentence UNLESS they are offenders of particular concern (they will instead be eligible for parole).
What is a suspended sentence?
Where a term of imprisonment has been imposed but does not take effect immediately.
