SGS 6 Flashcards
What is a possibility for a drug addicted defendant?
Court could impose a community order with DR requirement even if definitive guideline suggests a custodial sentence would be appropriate, if there is sufficient prospect of success.
When will court take remorse into account?
When the defendant has pleaded guilty. If they have been convicted without pleading guilty their remorse and / or version of events will not be taken account of.
What do mitigating and aggravating factors adjust?
the final sentence, NOT the starting point.
First half of structure.
Assess seriousness with reference to culpability and harm (s.143), refer to overarching guidelines and sentence specific definitive guideline.
Identify category (of offence and C & H)
Identify starting point and range
Consider aggravating factors.
Second half of structure.
Consider mitigating factors
Consider reduction fro early guilty plea
Thresholds
Suspension
Decide sentence
How do you start an answer?
The court is required to pass a sentence that is commensurate with the seriousness of the offence.
Aggravating factor types?
Statutory
Overarching guidelines
Guideline specific
What can mitigating circumstances arise from?
from offence and the offender’s personal circumstances e.g. work, family s.166 CJA.
Early guilty plea (s.144)
Where are the thresholds contained?
s. 148 (fine- –> community order)
s. 152(2) (community order –> custody)
What is the effect fo a suspended sentence?
6months - 2 years, defendant must undertake requirements in the community, if he does not or commits a further offence he will serve a custodial sentence.
(court considers mitigating and aggravating factors)
Appeals?
From magistrates to crown court (s.108 MCA 1980).
Sentencing powers of CC limited to those of MC, but may confirm, reverse or vary sentence.
When might an appeal be appropriate?
If defendant pleaded guilty from outset, co-operated but a maximum sentence was imposed.
Draft a notice of appeal and lodge at MC within 21 days of sentence and send notice to CPS.
If a defendant has been convicted after trial what will they be sentenced on?
The basis of the prosecution case.
What cannot be included as mitigating factors?
E..g the nature of injury or lack of weapon - anything that have been used to calculate category.
What type of evidence is inadmissible?
Anything that is not relevant (does it prove or disprove a fact in issue) ?
Opinion evidence (only experts can give this)
