Sentencing and Punishment Flashcards
What do the statutory and judicial guidelines aim to provide?
Uniformity in sentencing matters and enhance the integrity of the process
What are judicial guidelines
Previous cases that set precedent. Set by NSW court of appeal, not biding- judge/ magistrate apply discretion based on circumstances
Statutory guidelines
Informs judges of maximum sentences, standard non-parole period (minimum sentences) and mandatory sentencing
4 purposes of punishment
Deterrence
Retribution
Rehabilitation
Incapacitation
Types of deterrence
Specific: deter reoffending
General: deter community
What is retribution
Punishment considered to fit the crime
What is Rehabilitation designed to do
Reform the offender so they do not reoffend. Aim is to prevent recidivism
Eg drug/alcohol rehab, community service
Why is incapacitation used
Protect society by making offender incapable of re-offending by restricting their freedom
What is an aggravating circumstance? And what factors
Makes an offence more serious and can lead to increased sentence. Factors can include: -offence: violent etc. -victim: age etc -offender: abused trust? Etc
What are mitigating circumstances and what are some factors
Makes an offence less severe and reduces sentence. They explain cause Factors can include: - plea of guilty - provoked - generally a good person
What is the role of the victim in sentencing + act
Victims rights act 1996 (NSW) allows victims to give victim impact statements. Can also assist police and report crime
Types of appeals
Appeal against conviction (guilty/not guilty) Sentence appeal (severity/leniency)
Penalties act
Crimes (sentencing procedures) act 1999 (NSW)
Types of penalties (12)
Caution Fine Bond Probation Criminal infringement notice Penalty units Intensive correction order Community correction order Conditional release order Forfeiture of assets Imprisonment Diversionary programs
What is a caution
A formal warning without charge that is informally recorded on a persons record for minor drug offences ( cannabis caution scheme)
Young offenders act 1997 (NSW) allows police to give caution for minor offences
What is a fine
Monetary penalty
What does a bond do and what does it require
Limits an offenders behaviour for a period of time. Usually requires the offender to be of good behaviour and attend rehab
What does probation allow and how? Time period
Allows them to get on with their lives by NSW probation services keeping an eye on them through regular meetings. This supports them to rehabilitate and become law abiding citizens 12months - 2 years
What is a criminal infringement notice and what can they be issued for?
On the spot fines issued by police for: - stealing less than $200 - obstructing traffic - obtaining benefit by deception - unlawful entry into a car or boat - offensive language The offender can choose to take it to court but if convicted get a criminal record if not don’t
What is a penalty unit
$110 basis of fines
Intensive correction order-what did it replace -what is it
Replaced: home detention, suspended sentence and old ICOs
It is a custodial sentence up to two years that can be served in the community with supervision and conditions
Community correction order
What did it replace and when is it used
Replaced community service order and good behaviour bond
Used when prison is too severe but fines are too lenient
Up to 3 years and has conditions such as supervision by CCO, community service (<500hrs) and curfews
Conditional release order
What did it replace and who is it used for and time limit
Replaced non conviction
For first time offenders where the offender is less likely to poses a risk to community
Up to 2 years
Acts as a warning and conditions can be imposed
Forfeiture of assets legislation and what is it for
Imposed as a sanction in response to criminal activity
Proceeds of crime act 1987 (CWLTH)
State legislation includes criminal assets recovery act 1990 (NSW)
Imprisonment act and aspects of it
Judge/magistrate determines length and non-parole period
The crimes (sentencing procedures) act 1999
$181 a day
What do diversionary programs aim to do
Rehabilitate the offender by making it a requirement of their sentence that they undertake a specific program eg drug court
What is circle sentencing
A form of sentencing for some aboriginal indigenous offenders where sentencing is conducted in a circle made up of local community members and a magistrate
What is restorative justice and what does it allow
A form of sentencing involving a voluntary conference between the offender and the victim.
Allows responsibility to be taken and gives the victim a voice normally for minor infringements and youth justice conferencing
Post sentencing considerations ( 7)
Security classification Protective custody Parole Preventative detention Continued detention Sex offenders registration Deportation
Different security classifications and how are they classified
Divisions of correctional sentences that are classified according to seriousness of crime and prospects of rehab
Max eg Goulburn
Medium eg parklea
Min eg emu plains
Who is protective custody for
Offenders in prison who are vulnerable to attack from other prisoners
What is parole used to do
Give incentive for rehabilitation and good behaviour
What is preventative detention + eg
Keeping a person in custody even though they have not committed an offence to prevent future harm
Terrorism (police powers) act 2002 (NSW) allows detention up to 14 days
What is continued detention
The ongoing detention of a person after they have already served their sentence
Generally for sex offenders crimes (serious sex offenders) act 200) (NSW)
What is the sex offenders registration + legislation
Names of sex offenders on a register (eg Australian National child offences register) which the police can access Child protection (offenders registration) act 2000 (NSW)
Deportation legislation and guidelines and case
Migration act 1958 (CWLTH)
Custodial sentence of 12 months or more and have been a resident for less than 10 years
Robert Jovicic
