Sentencing test

Question 1

How does imprisonment meet aim of punishment

Answer 1

• Punishment must fit the crime
• Most common indictable crimes include intent to cause injury (23%), illicit drug offenses (15%) ABS, 2020
  -40000 prisoners in Australia (ABS, 2020)
• ## Justice must be achieved in public opinion

Question 2

What is the relevant sentencing law in Tasmania

Answer 2

Sentencing Act 1997 (TAS)

Question 3

What are some factors of sentencing

Answer 3

Mitigating factors - fact leading to a lesser sentence
Aggravating factors - fact leading to an increased sentence
Circumstances of the offense
Circumstances of the offender

Question 4

How does imprisonment meet aim of rehabilitation

Answer 4

Programs such as Port Lincoln Prison farm aiming to provide employment post prison, SA recidivism 39.3%
78% leave prison and remain unemployed (AIHW, 2021)
Recidivism rate 53.1% (ABS, 2022)

Question 5

How does imprisonment meet aim of Protection

Answer 5

Intent to cause injury (23%)
Sexual assault and related offences (14%) (ABS, 2020)

Question 6

What is a drug treatment order

Answer 6

A structured program aimed at rehabilitating an offender and diverting them from the criminal justice system -therapeutic jurisprudence

Question 7

How does a drug treatment order meet aim of rehabilitation

Answer 7

Rehabilitation - programs and strategies to prevent future offending and relapsing and create positive relationships with family and the community through education or employment etc
‘therapeutic jurisprudence’
Govt does 85-100 orders p/y (TAS, 2020)
49% of cases use counselling as main treatment (AIHW, 2022)

Question 8

How does a drug treatment order meet aim of specific deterrence

Answer 8

Custodial component ensures the offender has reason not to breach conditions as the suspended sentence will activate in this case, cancellation rate of 28% (TAS, 2020)

Question 9

How does a drug treatment order meet aim of protection

Answer 9

Frequent drug testing counselling sessions and check ins with a magistrate to ensure the DTO is not a ‘get out of jail free card’ and the community are safe from reoffending
DTO is a form of suspended sentence, keeping community safe if an offence occurs

Question 10

What are the 5 aims of sentencing

Answer 10

Punishment
Rehabilitation
Denunciation
Deterrence (specific + general)
Protection