U3A1 part 2 lesson 5 Flashcards
leg covering sentencing purpose
The Sentencing Act 1991 (Vic) establishes the sentencing authority of courts to impose sanctions and outlines the five (5) purposes in which judges should consider when handing down a sentence
sentencing purposes
- To rehabilitate the offender
- To punish the offender
- To deter the offender and the community from committing the crime
- To denunciate the action on behalf of the community
- To protect the community from the offender
Sanctions
a penalty imposed by the court on an offender when they plead guilty or are found guilty of a crime
purpose of rehab
to support/to restore
rehabilitation adopts the perspective that there is a reason/cause/’driver’ to the offender’s actions which can be ‘restored or addressed through the criminal justice system.
It aims to provide a cure or a framework of support for the offender and can be embedded within sanctions.
aims to reduce recidivism
purpose of punishment
to inflict pain/loss or an inconvenience to
ensure the offender is penalised proportionally and held accountable for their actions.
It should take into consideration the impact of their crime on victims, their families, the nature of the offence and society.
Punishment can be viewed as society seeking retribution for the offender’s actions.
purpose of deterrence
the act of discouraging an offender or other individuals
from reoffending or committing similar crimes through criminal sanctions
examples of sanctions to protect society
- Imprisonment - whereby the offender is removed from the community and held in custody until a non-parole period is achieved
- CCO - Conditions of a community corrections may prevent the offender from visiting certain places, a curfew or a bond payment that is forfeited upon the contravention of CCO
Specific deterrence
this targets the offender and attempts to discourage them from reoffending
General deterrence
this targets the community - by seeing what sanctions the offender has received for their offence; this will hopefully discourage others from committing the same action.
purpose of denunciation
to publicly condemn an offender’s behaviour/to show society’s disapproval
The court denounces the offender’s actions to highlight the extent to which the offender has violated the moral and ethical standards of society.
purpose of protection
to ensure that the offender does not pose a significant risk to the welfare and safety of their victims and broader society.
level 6 imprisonment
maximum prison term: 5 years
maximum fine : 600 penalty units
sample offences: recklessly causing injury, possession of drug dependence (4 the purpose of trafficking)
level 2 imprisonment
maximum prison term: 25 years
maximum fine : 3000 penalty units
sample offences: manslaughter , rape, sexual penetration of a child under 12, armed robbery, aggravated robbery, arson causing death
