SENTENCING PRINCIPALS Flashcards
When is the court not required to follow sentencing guidelines when sentencing a defendant?
When it is against the interests of justice to do so.
What are the four key aggravating factors that the court must take into account when sentencing?
- relevant previous convictions
- if the offence was committed while the defendant was on bail
- the offence was motivated by racial or religious hostility
- the offence was motivated by the victims sexual orientation, transgender identity or disability.
What are some aggravating factors that the court has the discretion to take into account when sentencing?
- if the offence was committed in a group (inc gangs)
- if the offence targeted a vulnerable victim
- the offence was committed under the influence
- the offence involve abuse of a position of trust
- the offence was committed against a defendant who was providing services to the public.
What are some mitigating factors that the court has discretion to take into account?
- the defendant was provoked or acted out of fear
- the defendant has a disability to mental illness
- the defendant played a minor role in the crime
- the defendant has attempted to make reparation with the victim
The court must take into account the totality principal. What is this?
The sentence imposed must not be disproportionate to the overall seriousness of the offending behaviour.
How much of a sentence reduction will a defendant receive if they plead guilty at the first opportunity?
1/3
A custodial sentence must not be imposed unless what?
The offence is so serious that neither a fine or community order can be justified.
What is a Newton hearing?
It is held when a defendant pleads guilty but disputes the facts, a Newton hearing is held to settle the disputed facts if the prosecution rejects the basis of the decedents plea.
What is the maximum period of suspended sentence that may be imposed?
2 years
