Sentencing Guidelines

Question 1

What are the 5 Purposes of Sentencing?
(Clue - 3Rs 2Ps)

Answer 1

(1) REDUCTION (of crime)
(2) REFORM / REHABILITATION (of offenders)
(3) REPARATION (to those affected by crime)
(4) PUNISHMENT (of offenders)
(5) PROTECTION (of public)

Question 2

When do the 5 Purposes of Sentences NOT apply?

Answer 2

Mandatory Life Sentence (e.g. Murder)

Question 3

(1) What should FIRST be consulted when determining a Sentence?
(2) What is the only reason these should be departed from?

Answer 3

(1) Sentencing Guidelines
(2) ‘Interests of Justice’ to depart

Question 4

What are the 5 factors (in order) that should be considered when interpreting the ‘Sentencing Guidelines’ :

(1)
(a)
(b)
(2)
(3)
(4)
(5)

Answer 4

(1) SERIOUSNESS (of Offence)
(a) Culpability
(b) Harm
(2) AGGRAVATING Factors
(3) MITIGATING Factors
(4) Early GUILTY PLEAS
(5) TOTALITY PRINCIPLE (concurrent or consecutive sentences)

Question 5

Under the ‘Sentencing Guidelines’, the SERIOUSNESS of the Offence is considered.

What 2 factors does the court consider to determine this?

Answer 5

(1) Culpability
(2) Harm

Question 6

When determining the ‘Harm’ of an offence, what 3 aspects of ‘Harm’ are considered?

Harm….
(1)
(2)
(3)

Answer 6

(1) ACTUALLY caused
(2) INTENDED to cause
(3) FORESEEABLY caused

Question 7

When the court is considering the ‘SERIOUSNESS’ of the Offence by ‘Harm’ and ‘Culpability’ what are the 3 categories this will be sorted into?

Answer 7

(1) Higher (Harm / Culpability)
(2) Medium (Harm / Culpability)
(3) Lesser (Harm / Culpability)

Question 8

When determining the ‘Culpability’ of an offence, what are 2 examples of factors that will contribute to the Offence being deemed:
(1) Higher Culpability
(2) Lesser Culpability

Answer 8

(1) HIGHER
(a) Significant pre-planning / pre-meditation
(b) Use Highly Dangerous weapon (e.g. knives, firearms)

(2) LESSER
(a) Impulsive / spontaneous
(b) No weapon

Question 9

When determining the ‘Harm’ of an offence, what are 2 examples of factors that will contribute to the Offence being deemed:
(1) Higher Culpability
(2) Lesser Culpability

Answer 9

(1) HIGHER
(a) Severe physical injury
(b) Long-term physiological harm

(2) LESSER
(a) Minor physical injury
(b) No / minor psychological harm

Question 10

What are the 2 types of ‘Aggravating Factors’ in Sentencing?

Answer 10

(1) Statutory (AF) (from Sentencing Act 2020)
(2) AF from Sentencing Guidelines

Question 11

What are the 4 main examples of ‘Statutory Aggravating Factors’ from Sentencing Act 2020?

Answer 11

(1) Prior CONVICTITIONS
(2) Offence committed while on BAIL
(3) Motivated by Equalities Act Criteria (race, disability etc)
(4) EMERGENCY WORKER (in course of their job)

Question 12

A ‘Statutory Aggravating Factor’ under SA 2020 is ‘Prior Convictions’. What 2 factors should be taken into account when assessing this?

Answer 12

(1) RELEVANCE of prior conviction e.g. SAME offence / SAME TYPE?

(2) TIME - how long ago was it?

Question 13

What are 5 examples of ‘Aggravating Factors’ from the Sentencing Guidelines?

Answer 13

(1) Cooperation / Assisting Prosecution
(2) Abuse position of trust
(3) History violence / abuse to V
(4) Domestic context / presence of children
(5) Drugs / alcohol

Question 14

What are the 4 ways ‘Mitigating Factors’ can be categorised?

Answer 14

(1) Circumstances of Offence
(2) Personal Mitigating Factors
(3) Impact of Sentence
(4) Early Guilty Pleas

Question 15

One type of ‘Mitigating Factor is ‘Circumstances of Offence’. What are 4 examples of this?

Answer 15

(1) Lesser role (in group crime)
(2) Provocation
(3) Self-defence

Question 16

One type of ‘Mitigating Factor is ‘Personal Mitigation’.

What are 4 examples of this?

Answer 16

(1) Remorse
(2) Attempts to Rehabilitate (since offence)
(3) Good Character
(4) Mental health condition

Question 17

One type of ‘Mitigating Factor is ‘Impact of Sentence’.

What are 2 examples of this?

Answer 17

(1) Dependents
(2) Employment

Question 18

One type of ‘Mitigating Factor is ‘Early Guilty Pleas’.

What is the MAXIMUM reduction in Sentence if plea entered:
(1) First stage of proceedings
(2) After first stage of proceedings
(3) First day of Trial

Answer 18

MAX:
(1) 1/3
(2) 1/4
(3) 1/10 (sliding scale to 0)

Question 19

If a D undertakes an ‘Early Guilty Plea’ MUST the court reduce the sentence?

Answer 19

NO (Discretionary)

Question 20

If a D enters an ‘Early Guilty Plea’ at the First Stage of proceedings they can receive a MAX 1/3 off their sentence.

What is generally the ‘First Stage of Proceedings’ for:
(a) Summary-only Offence
(b) Either-way Offence
(c) Indictable-only Offence

Answer 20

(a) First Hearing in Magistrates Court
(b) First Hearing in Magistrates Court
(c) Pre-Trial and Preparation Hearing (PTPH)

Question 21

When sentencing a person for multiple offences what Principle is applied?

Answer 21

Totality Principle

Question 22

Under the ‘Totality Principle’ what 2 types of sentence can be given when a person commits multiple offences?

Answer 22

(1) Concurrent (i.e. run at same time)
(2) Consecutive (i.e. run one after time)

Question 23

Under the ‘Totality Principle, what is the GENERAL rule on whether an offender who has committed multiple offences will be sentenced to a ‘Concurrent’ or ‘Consecutive’ Sentences

Answer 23

Offence arises SAME CIRCUMSTANCES / SET OF FACTS?

Yes - Concurrent Sentences
No - Consecutive Sentences