Sentencing Principles Flashcards
What 2 things will the court consider in determining the seriousness of an offence?
- Offender’s culpability in committing the offence; and
- Any harm which the offence caused or intended to cause or might foreseeably have been caused to other people
A court is obliged to follow sentencing guidelines for an offence unless it is against the _______ __ ______ to do so
interest of justice
What 4 aggravating factors must the sentencing court take into account if they exist?
(clue: P.B.R.S)
- Relevant previous convictions
- D out on bail when offence was committed
- Racial or religious hostility motivations of D
- Sexual orientation, transgender, or disability motivations of D
What 7 aggravating factors do the court have discretion in taking into account if they exist?
(clue: P.C.V.U.A.V.W)
- Premeditation
- Committed in a group
- Vulnerable victim
- Under the influence
- Abuse of a position of trust
- V was providing a service to the public
- Use of a weapon
What 6 mitigating factors do the court have discretion in taking into account if they exist?
(clue: I.P.D.M.A.V)
- Impulsivity
- Provocation or acting out of fear
- Disability or mental illness of D
- Minor role D played in the crime
- Attempts at reparation with V
- D is very young or very old
What 7 other mitigating factors might the court take into account?
(clue: A.H.G.W.P.R.E)
- Age of D
- Health of D
- Good character
- Work and home situation
- Progress since commission of offence
- Remorse
- Efforts to address offending
If D is found guilty of property offences, the fact that the property was ___ ______ can be a mitigating factor in sentencing
low value
What does the totality principle say?
That sentence imposed must not be disproportionate to the overall seriousness of the offending behaviour
Under the totality principle, a court is more likely to impose a _________ sentence rather than ________ ones when D is found guilty of multiple offences that did not arise out of the ____ _______
consecutive, concurrent, same conduct
What is the custody threshold?
A custodial sentence should not be imposed unless the offence is so serious that neither a fine nor community order can be justified
The court has an option to impose a suspended sentence if the custody threshold has passed.
What is a suspended sentence?
Where D is not placed in custody but will be liable to serve in custody if they break any conditions or commit any further offences
What is the maximum period for a suspended sentence?
2 years
Name 5 elements that a community order can have?
- Unpaid work
- Rehabilitation or treatment programme
- Curfew
- Restriction from particular areas
- D must reside in a certain location
Crown and Magsitrate Courts can impose a ____, either as a sole sentence or in combination with any other
fine
What is a Newton hearing?
Where D pleads guilty but disputes certain factual elements of P’s case. The judge gives both parties the opportunity to call evidence about the disputed matter in the absence of a jury and reaches their own decision
