Sentencing and Punishment Flashcards
What sources of law are relevant for Sentencing and Punishment?
Crimes Act
Crimes (Sentencing Procedure Act 1999 (‘CSPA’)
What legislation governs the ability of the court to sentence an intensive correction order?
Crimes (Sentencing Procedure Act 1999 (CSPA) s7
What is an Intensive Correction Order (ICO)
A sentence that is a form of supervised release.
When considering the imposition of a ICO, what is the paramount consideration?
Community Safety, see s66.
What is a community Correction Order (CCO)
A form of supervised release or an unsupervised order depending on the conditions imposed.
What legislation governs the ability of the court to sentence an CCO?
Crimes (Sentencing Procedure Act 1999 (CSPA) s8
What is the hierarchy of sentences that can be imposed on a guilty party?
Custodial ICO CCO CRO Dismissal of charges
What is the monetary amount per penalty unit?
$110
Crimes (Sentencing Procedure Act 1999 (CSPA) s17
Can a court convict a party but impose no sentence?
Dismissal of charges and conditional discharge of offender. S10
Can a court convict a party but impose no sentence?
Dismissal of charges and conditional discharge of offender. S10
What caselaw supports the idea that a sentence should be proportional to the crime?
McNaughton [2006] NSWCCA 242
Which legislation lists a non-exhaustive list of Aggravating factors that impact sentencing?
Crimes (Sentencing Procedure Act 1999 S 21 A(2)
Which legislation lists a non-exhaustive list of mitigating factors that impact sentencing?
Crimes (Sentencing Procedure Act 1999 S 21 A(3)
If an accused assists authorities, are they eligible for a reduced sentence?
Crimes (Sentencing Procedure Act 1999 S 22 A
What is the approach that is prevalent in sentencing?
‘Instinctive Synthesis’
“Ultimately every sentence imposes reprises the sentencing judges instinctive synthesis of all the various involved in the punitive process.”
Williscroft [1975] CR 292.
