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VCE LEGAL STUDIES UNITS 3/4 (2024) > UNIT 3 AOS1 - SAC 1b (criminal) > Flashcards

UNIT 3 AOS1 - SAC 1b (criminal) Flashcards

1
Q

Define Victoria Legal Aid (VLA).

A

VLA is a government-funded agency that provides free legal advice and information regarding a range of legal disputes (including criminal law matters, family law disputes, Centrelink matters and child protection issues).

  • They do not have unlimited funding so they prioritize the most vulnerable.
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2
Q

Explain the role/types of assistance of Victorian Legal Aid (VLA).

A

Free legal information: VLA’s website has free resources and information about criminal cases and other legal material.

Free legal advice: Advice is given in person, through a video conference or over the phone.

Free duty lawyer services: A duty lawyer is a VLA lawyer who is in court on a particular day and can help people who are in court on that day. These lawyers are only available in the Magistrates’ Court and Children’s Court and not for indictable trials.

Grants of legal assistance: VLA can grant legal assistance to people who cannot afford a lawyer.

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3
Q

List who would be suitable for different types of assistance provided by VLA.

A
  • Free legal information - people charged with minor crimes.
  • Free legal advice - people charged with offences.
  • Free duty lawyer services - information, advice or legal representation in the Magistrates’ court.
  • Grants of legal assistance - accused persons who are unable to afford representation and meet VLA’s merits test.
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4
Q

Explain the eligibility for Victorian Legal Aid (VLA).

A
  • VLA has funding restrictions
  • Only disadvantaged people facing serious charges will receive a grant of legal assistance.
  • This leaves many disadvantaged people unable to receive assistance
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5
Q

List the strengths and weaknesses of Victorian Legal Aid (VLA).

A

STRENGTHS:
- VLA’s website offers free legal information to all, including victims, regardless of income or means, covering court processes, rights, and basic principles.
- Free legal advice and assistance for eligible individuals in need, including those in custody and First Nations peoples with the aim of prioritizing the most vulnerable.
- VLA offers free information in over 30 languages and its staff are fluent in multiple languages and can arrange for a free interpreter.
- VLA offers legal advice through online tools like chat, telephone services, and websites, catering to regional, rural and remote areas.

WEAKNESSES:
- VLA’s website’s free information may not be sufficient for certain individuals, especially those charged with indictable offences who cannot access legal services through other means.
- VLA must allocate resources efficiently and target those in need, ensuring legal representation and defence for those unable to afford lawyers and victims of a crime.
- VLA’s ability to meet service demand depends on continued funding, and an increase in demand or budget constraints could reduce eligibility for legal aid.
- VLA’s effectiveness depends on whether the accused and victim of a crime are aware of its existence and have access to free information.

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6
Q

Define a Community Legal Centre (CLC)

A

CLCs are ‘not-for-profit, community-based organisations that provide free legal advice, casework and information and a range of community development services to their local communities’.

  • Rely on volunteers and funding

Often provide assistance to accused persons:
- Cannot afford a legal representative
- Do not meet VLA’s strict criteria

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7
Q

Define a generalist Community Legal Centre.

A

24 Generalist CLCs around Victoria, provide broad legal services to people in a particular geographical area eg. Barwon Community Legal Service.

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8
Q

Define a specialist Community Legal Centre.

A

Specialist CLCs around Victoria, provide support to a particular group of people or area of law eg. YouthLaw provides free legal services for people under 25.

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9
Q

Explain the types of assistance of a Community Legal Centre (CLC).

A

Offer basic legal information: CLCs can provide basic legal information on a day-to-day basis.

Initial legal advice: CLCs can provide legal advice and information on preliminary matters. CLCs can provide free legal advice without an appointment. People can access legal advice via phone.

Duty lawyer assistance: Duty lawyers can provide advice or representation for urgent matters that will be completed within one day.

Legal casework: Although rare, a CLC can take on criminal matters that require ongoing legal assistance. However, this does not apply to indictable offences.

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10
Q

Explain the eligibility for a Community Legal Centre (CLC).

A

Each CLC has its own eligibility criteria for assisting an accused, and for how much assistance they can provide. CLCs will generally consider the following factors:

  • The type of legal matter the person needs help with.
  • Whether other assistance is available (such as through VLA).
  • Whether the person has a good chance of success.
  • Whether the accused can manage the case without help.
  • Whether the CLC is available to assist.
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11
Q

Define/explain plea negotiations.

A
  • Discussions between the prosecutor and accused about the charges.
  • ‘Without prejudice’ basis - any offers made cannot be used against them.
  • Prosecution offers incentive in return for them pleading guilty.
  • EG. murder can be negotiated ‘down’ (manslaughter etc.)

Agreements:
- Accused pleads guilty to lesser or fewer charges

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12
Q

List the purposes of plea negotiations.

A
  • To resolve a criminal case by ensuring a plea of guilty to a charge that adequately reflects the crime that was committed.
  • To achieve a prompt resolution to a criminal case without the cost, time, stress, trauma and inconvenience of a criminal trial.
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13
Q

Discuss the appropriateness of plea negotiations.

A

APPROPRIATE:
- When there are issues with the availability, reliability or willingness of crucial witnesses – particularly victims.
- When there are issues with the admissibility of key pieces of evidence
- When the original charge by the police was incorrect.

INAPPROPRIATE:
- In high profile cases, due to the lack of transparency around negotiations.
- When the victim does not wish for lesser charges to be considered, although the prosecution has no obligation to follow their wishes.

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14
Q

List the strengths and weaknesses of plea negotiations.

A

STRENGTHS
- Save community costs by avoiding full trials or hearings.
- Provide prompt determination of criminal cases and increase public confidence in the legal system.
- Victims, witnesses and their families, and the accused’s family are saved the trauma, inconvenience and distress of the trial process (relive events).
- Accused receive a reduced sentence.
- Agreement reflects the criminality of the offender.
- Certainty in outcome for all parties.

WEAKNESSES:
- Accused may be ‘let off’ or get a lenient sentence that does not reflect the crime.
- Accused people may feel pressured into accepting a deal even if the evidence is not strong.
- May be seen as the prosecutor avoiding the need to prove the case beyond reasonable doubt.
- Negotiation is not disclosed and can be held privately.
- If negotiations do not succeed parties may be more advantaged.

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15
Q

Define/explain a court hierarchy.

A

‘…the arrangement of courts in order for least superior to most superior.’

  • Ranked based on their ‘status’ and ‘authority
  • Lowest court (Magistrates) hears a high volume of less serious, less complex matters and these are resolved relatively quickly.
  • Further up the hierarchy, the few cases each court resolves but the more complex and time-consuming
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16
Q

Define court jurisdiction.

A

The power/authority a court has to determine a matter

Jurisdiction: ‘Refers to the power or authority that belong to someone/something’

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17
Q

Define original jurisdiction.

A

When a matter is taken to court for the first time, the court is sitting in/using its original jurisdiction (power).

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18
Q

Define appellate jurisdiction.

A

When a party is not satisfied with the outcome of their case, they can appeal to a higher court given they have sufficient grounds.

When a court is hearing an appeal (reviewing a decision for a lower court) they are sitting in/using their appellate jurisdiction (power)

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19
Q

List the reasons for a court hierarchy.

A
  • Appeals
  • Specialisation
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20
Q

Explain appeals in relation to court hierarchy.

A
  • Someone is not satisfied with the outcome of their case they can appeal.
  • Reviewed by a higher court.
  • Provides fairness & allows mistakes to be corrected.

Without a hierarchy of courts, there would be no higher courts to appeal to, thus a hierarchy is needed to allow for the appeals process to occur.

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21
Q

Explain specialisation in relation to court hierarchy.

A

The courts’ judges and staff developing expertise in particular criminal disputes and criminal procedures.

  • Courts only hear cases in their jurisdiction
  • Specialists develop expertise
  • Best equipped to deal with the issues presented
  • Dealt with efficiently & quickly
  • Specialist courts such as Children’s & Coroner’s courts also established for this reason
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22
Q

Explain specialisation for each court in the hierarchy.

A

Supreme Court (Court of Appeal):
- Specialises in determining criminal appeals in indictable offences
- Has expertise in sentencing principles

Supreme Court (Trial Division) :
- Specialises in dealing with the most serious indictable offences
- Has expertise in sentencing principles

County Court:
- Specialises in dealing with indictable offences (not murder-related)

Magistrates Court
- Specialises in summary offences
- Specialises in committal proceedings.

Children’s Court and Coroners Court:
- Specialise in crimes involving young people (Children’s Court)
- Specialises in investigating deaths and fires
with suspicious circumstances (coroners Court)

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23
Q

List the strengths and weaknesses of a court hierarchy.

A

STRENGTHS:
- Allows courts to specialise in different types of criminal matters, which allows more efficient processes or resources based on the cases they hear.
- Allows appeals to be made by both parties if there is an error in the original decision.

WEAKNESSES:
- The many different courts can be confusing for people who do not understand the criminal justice system. This can be particularly so for people charged with an indictable offence, where the case will involve both the Magistrates’ Court (for a committal proceeding) and one of the higher courts [for the trial.
- The court hierarchy does not allow for an automatic right to appeal in most instances; offenders need to establish grounds for appeal. This can restrict the ability of accused people to access the appeal hierarchy, particularly self-represented people, who may struggle to formulate grounds for appeal.

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24
Q

List the key personnel in a criminal trial.

A
  • The judge
  • The Jury
  • The Parties (Prosecution, Defence)
  • The Legal Practitioners (Barrister, Solicitor)
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25
Q

Explain the responsibilities of the judge/magistrate.

A
  • Must impartially and must have no apprehended bias
  • Manage the trial
  • Manage the admissibility of evidence and rules of procedure
  • Attend to jury matters; directions
  • Sentence the accused

ROLE: ensure court processes and procedures are followed in alliance with strict rules of evidence and procedure eg. determining the admissibility of evidence.

SENTENCING

  • Independent and impartial umpire, unable to assist either party
  • Decide upon questions of law eg. what legislation and precedent is relevant
  • Direct the jury
  • Clarify issues
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26
Q

List the strengths and weaknesses of a judge/magistrate.

A

STRENGTHS:
- The judge or magistrate acts as an impartial umpire, overseeing the trial process without overly intervening or assisting either party, ensuring no party is disadvantaged.
- Judges and magistrates oversee hearing processes, ensuring adherence to evidence rules and procedures, and providing equal opportunities for both parties to present their cases.
- Judges and magistrates can assist self-represented accused individuals and adjust trial processes to accommodate vulnerable groups like young people, those with disabilities, or those with mental health conditions.

WEAKNESSES:
- Judges and magistrates, as human beings, may face potential bias in their decision-making, like when they are fatigued.
- Research indicates a lack of diversity in Australian judges and magistrates, with Asian Australians and women underrepresented in higher courts, potentially impacting courtroom comfort and confidence.
- Judges and magistrates, despite their extensive experience, are not allowed to excessively interfere in cases involving self-represented accused individuals.

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27
Q

Explain the role of the jury in criminal cases.

A
  • Listen to and consider all evidence presented in court - alert, notes, determine reliability of witnesses etc.
  • Take part in deliberations
  • Listen carefully to the judge’s directions
  • Remain impartial and objective

Make a unanimous or majority decision (after six hours) whether they are guilty, not guilty or guilty of a lesser offence.

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28
Q

List the strengths and weaknesses of a jury in a criminal case.

A

STRENGTHS:
- Jury members are chosen randomly, without any affiliation with the parties, and make decisions based on facts, without biases or personal inquiries.
- The jury system enables the community to participate in the criminal justice system processes, ensuring justice is effectively implemented.
- Collective decision-making helps in identifying and addressing personal biases during the deliberation process, thereby reducing the possibility of bias.
- Juries are a crucial decision-making process that involves a diverse group of people, reflecting the views and values of society.

WEAKNESSES:
- Jury members may have unconscious biases or prejudices, but their decision-making process is unclear due to their lack of explanations.
- Criminal trials are complex, involving jury directions and evidence. It’s unclear if 12 jurors can understand legal principles and the evidence used to make decisions.
- Jury trials may cause delays due to the need to explain rules, evidence, and processes to the jury, and may also take time for deliberation.
- Many individuals are ineligible, excused, or disqualified from jury participation, potentially resulting in a significant portion of the community being unrepresented.

29
Q

List/explain the two parties in a criminal trial.

A
  1. PROSECUTION
    - Brings a criminal case
    - Acts on behalf of the state
    - In the Magistrates’ Court, the prosecution is represented by the police
    - For all indictable offences, the prosecution will be represented by a solicitor from the OPP and a Crown Prosecutor
  2. ACCUSED
    - Person charged with a criminal offence
30
Q

List the responsibilities of the prosecution in a criminal trial.

A
  1. Determine which witnesses to call and cross examine.
  2. To identify the legal principles
  3. To communicate with victims
  4. If an accused is found guilty, to make submissions to the court about the appropriate sanction
31
Q

List the responsibilities of the accused in a criminal trial.

A
  1. Enter a plea (guilty/not guilty)
  2. Decide whether to have legal representation
  3. Decide which witnesses
  4. Decide on which lawful defences
  5. If an accused person is found guilty at the conclusion of a trial.
32
Q

List the responsibilities of both parties in a criminal case.

A
  • Both parties assist in empanelling the jury.
  • They have the ability to challenge potential jurors.
  • Either party can also request that the trial judge give directions to the jury.
33
Q

List the strengths and weaknesses of the parties in a criminal trial.

A

STRENGTHS:
- Both parties have the chance to present their cases, including making opening and closing addresses, and to examine and cross-examine witnesses in both examination in chief and cross-examination.
- The accused has no obligation to present evidence or do or say anything in the trial.

WEAKNESSES:
- The processes involved are complex and difficult to understand without a lawyer, making it difficult for self-represented accused people.
- ‘Party control’ and the right to silence can prevent the truth from being revealed, especially when the accused is the only person with knowledge, potentially feeling unjust to victims and their families.

34
Q

Explain a legal practitioner in a criminal trial.

A
  • Legal practitioners must comply with various laws that impose duties and obligations.
  • Can be serious consequences for noncompliance
  • A practitioner’s duty to the court overrides their duty to the client.
35
Q

List the responsibilities of legal practitioners in a criminal trial.

A
  1. Give an opening address
  2. Present the case in the best light possible
  3. Comply with their duty to the court
  4. Give a closing address
  5. Make submissions about sentencing
36
Q

Explain why are legal practitioners needed.

A
  • Legal practitioners assist accused individuals in navigating the criminal justice system and understanding legal terminology.
  • High Court deems legal representation necessary for serious indictable offences.
  • Self-represented individuals lack skills and experience to navigate the system and test evidence.
  • Self-represented individuals lack objectivity for making decisions.
  • Lawyers are needed for traumatic or difficult cases to avoid directly questioning victims.
  • Court and judges can assist self-represented individuals, but not advocating on their behalf.
  • Not everyone can afford a lawyer, and VLA and CLCs cannot help everyone.
37
Q

List the strengths and weaknesses of legal practitioners in a criminal trial.

A

STRENGTHS:
- Legal practitioners assist accused individuals in the criminal justice system, assisting with opening and closing addresses, and adhering to rules regarding their rights and limitations.
- Legal practitioners have objectivity in criminal cases, such as plea negotiation decisions, whereas self-represented accused individuals lack this objectivity.
- Legal practitioners can prevent delays in trial processes for self-represented accused individuals by allowing them to understand the proceedings.

WEAKNESSES:
- Legal practitioners’ experience and skills vary, with some having more experience than others, which can affect the quality of legal services.
- Legal representation is often unavailable for some individuals, leading to self-representation, which may not be fair due to lack of necessary skills or objectivity.
- Legal representation alone may not be sufficient for accused individuals, especially those who cannot understand English or those experiencing trauma, necessitating additional support.

38
Q

List the factors affecting justice.

A
  • Costs - legal representation
  • Time
  • Cultural Factors
39
Q

Explain the factors related to costs.

A
  1. Cost of legal representation
    - Legal processes = expensive
    - Main cost = legal representation (but generally required).
  2. Limited access to Legal Aid
    - Access to Legal Aid is limited as the accused person has to meet strict eligibility requirements.
40
Q

List how POJ relates to the cost of legal representation (costs).

A

FAIRNESS:
If an accused person can’t properly participate in a hearing, it may lead to an unfair result. In particular, the following can have an impact:
* lack of familiarity with the language of criminal trials
* lack of objectivity and emotional distance from what is happening in the case
* lack of knowledge of courtroom facilities
* lack of understanding of procedure

EQUALITY:
- At risk of not being treated equally before the law
- Unrepresented accused at risk of not being able to equally compete with their opponent

ACCESS:
- Trouble accessing the court and mechanisms that are used to determine the criminal charges
- May lead to the accused pleading guilty to a crime they didn’t commit

41
Q

List how POJ relates to the limited access to legal aid (costs).

A

FAIRNESS:
- Assists understanding + ensures a fair trial or hearing
- Limits access to free legal services can impact an accused ability to best present their case
- Can hurt vulnerable people

EQUALITY
- Ensure accused = not disadvantaged (with no legal representation)
- Not eligible = not treated the same
- Cannot afford

ACCESS:
- Aim to ensure access to justice
- Risk of not being able to access information, legal help, advice, assistance or representation

42
Q

Explain the factors related to time.

A
  1. Delays in preparing a case
    - EG. over-listed the number of cases they can hear.
    - Causes some trials to be adjourned to a later date.
  2. Court delays
    - Court faces large demand and not enough resources to handle it effectively.
    - Use of plea negotiations
43
Q

List how POJ relates to the delays in preparing a case for trial (time).

A

FAIRNESS:
- Can cause emotional strain, stigma, job loss, and disruption for the accused and victim, while also impacting their family life.
- Can lead to physical and mental effects, making case preparation challenging and potentially affecting witnesses’ availability or memory, potentially reducing the likelihood of a fair outcome.

EQUALITY:
- Can disadvantage vulnerable individuals, such as those with mental illnesses, disabilities, age, or trauma, by causing distress and preventing equal treatment before the law.

ACCESS:
- Can hinder accessibility, especially for trauma or sexual offence victims, and can have a negative impact on their lives.
- An efficient resolution of criminal cases can maintain court accessibility and foster public confidence in the criminal justice system.

44
Q

List how POJ relates to plea negotiations.

A

Use of plea negotiations

FAIRNESS:
* Allows accused individuals to negotiate a plea with the prosecution.
* Aims to ensure charges reflect the accused’s criminality and fairness.
* Avoids the burden of trial for victims and witnesses.
* May be perceived as unfair by victims and society.

EQUALITY:
* All accused persons have equal opportunity to negotiate with prosecution or seek sentence indication.
* Victims may feel disadvantaged as accused don’t face trial.
* Plea negotiations should not be with unrepresented accused due to potential inequality.

ACCESS:
* Avoids trauma, stress, and trial inconvenience which enables better access to justice system.
* Victims often consulted in plea negotiations for the prosecution to consider but their views do not determine plea negotiations.

45
Q

List the factors related to cultural factors.

A
  • Problems during questioning and giving evidence (a negative)
  • Overrepresentation of ATSIP (a negative)
  • The Koori Court (a positive)
  • Translators (a positive)
46
Q

List how POJ relates to problems during questioning and giving evidence (cultural factors).

A

FAIRNESS:
The way questions are asked and answered may risk the accused person making confessions they not may not make otherwise.

EQUALITY:
ATSIP charged with a crime that they have pleaded not guilty to, must adapt to a different system.

ACCESS:
The inability to comprehend legal processes, terminology, rights, and the court system can hinder an individual’s access to the system without necessary adaptation or assistance.

47
Q

List how POJ relates to the Koori Court (cultural factors).

A

FAIRNESS:
Reduce unfair trials by promoting culturally familiar communication and allowing offender participation in hearings with elders, thereby reducing the likelihood of unfair trials.

EQUALITY:
Addresses Indigenous cultural differences by recognising their values and upholding equality in sentencing, highlighting the strengths of Aboriginal communication and the importance of elders.

ACCESS:
The court’s informality, the need for understanding between offender and Indigenous community, and the involvement of an Indigenous elder or respected person help address Indigenous people’s inequities.

48
Q

List how POJ relates to interpretors (cultural factors).

A

FAIRNESS:
Can help non-English-speaking individuals present their cases effectively, reducing the likelihood of unfair outcomes and ensuring clear communication of their wishes.

EQUALITY:
Assist individuals with limited English language skills in court settings, ensuring equal treatment and performance, and promoting equality in the legal process.

ACCESS:
Can assist individuals from diverse cultural and linguistic backgrounds in understanding legal processes and rights, ensuring they can access legal advice and information in a clear and understandable manner.

49
Q

List the purposes of a sanction.

A
  • Punishment
  • Protection
  • Denunciation
  • Deterence
  • Rehabilitation
50
Q

Explain the purpose of a sanction in rehabilitation.

A

Purpose: change or modify the behaviour of the individual so that they are less likely to re-offend.

  • Offender needs to learn from their wrongdoing and assist them to ‘reform’.
  • Causes of the criminal behaviour are eliminated.
51
Q

Explain the purpose of a sanction in punishment.

A

Purpose: ensure the community feel a sense of retribution so as not to take the law into their own hands.

  • Offender should be punished for the crime(s) they have committed.
  • Punishment should be comparable to the offence.
52
Q

Explain the purpose of a sanction in deterrence.

A

Purpose:

To prevent the offender from wanting to commit the same or similar crime(s) again (specific deterrence).

Also to deter the greater community from partaking in criminal activity of a similar nature (general deterrence)

53
Q

Explain the purpose of a sanction in denunciation.

A

Purpose: to send a message to the community (and offender) that the court & the community does not accept the behaviour and therefore condemns this behaviour through sanctions.

54
Q

Explain the purpose of a sanction in protection.

A

Purpose: to protect the community against the potentially harmful actions of individuals.

  • Aim of looking out for the wellbeing of the community.
55
Q

List the types of sanctions.

A
  • Fine
  • Imprisonment
  • Community Corrections Order (CCO)
56
Q

Explain the sanction of a fine.

A

An amount of money to be paid by the offender to the state of Victoria.

  • Court must consider the financial circumstances of the offender.
  • Sentencing Act expresses fines in ‘levels’.
  • If a fine is not paid, the offender can be imprisoned or ordered to undertake community work.
57
Q

Explain how a fine achieves the purposes of a sanction.

A

PUNISH: offenders by requiring them to pay money to the state (primary purpose).

58
Q

Explain the sanction of a community corrections order (CCO).

A

A non-custodial supervised sentence served in the community that includes mandatory and special conditions.

  • Gives offenders the opportunity to undergo treatment or take part in educational, vocational or personal development programs.
  • Can be combined with a fine or up to 1 year in prison.

Can only be imposed where:
- An offender is guilty of an offence punishable by more than 5 penalty units.
- The court has received a pre-sentence report.
- Offender consents.

Can be imposed for
- Up to 2 years in the MC
- No more than 5 years in other courts

59
Q

Outline the eligibility of a community corrections order (CCO).

A
  • Cannot be a sanction for ‘category 1’ offences (eg. murder)
  • Cannot be a sanction for ‘category 2’ offences (eg. manslaughter)

The offender must:
- Not commit another offence they could be imprisoned for
- Report to community corrections centre 2 days after the order comes into force
- Report to and receive visits from a CC officer
- Notify officer of change of address
- Not leave Victoria without permission
- Comply with officer’s diretions

60
Q

Explain how a community corrections order (CCO) achieves the purposes of a sanction.

A

PUNISH: many of the conditions act as limitations on the freedom of the offender.

REHABILITATE: Special conditions such as alcohol exclusion and treatment aim to rehabilitate the offender by treating the causes underlying their offending.

61
Q

Explain the sanction of imprisonment.

A

A custodial sentence where the offender is denied their liberties and freedoms while being detained in a corrections facility for a specified period of time.

  • Most severe sanction
  • Concurrent sentence: runs at the same time as another sentence
  • Cumulative sentence: sentences being served one after the other
  • Indefinite sentences: where there has been a serious offence
62
Q

Explain how imprisonment achieves the purposes of a sanction.

A

PUNISHMENT: removes the offender from society

PROTECTION: society from their actions

REHABILITATION: due to of the various programs offered

DENUNCIATION: impose long sentences to show disapproval

GENERAL DETERRENCE: most people would be discouraged from committing a crime by the possibility of going to prison and having their freedoms restricted.

SPECIFIC DETERRENCE: the offender may not want to go to prison again.

63
Q

List the factors considered in sentencing.

A
  • Mitigating factors
  • Aggravating factors
  • Guilty Pleas
  • Victim impact statements
64
Q

Explain mitigating factors.

A

Are details about the offender and their offence that may reduce the severity of their sentence.

  • Age of the offender
  • Background of the offender
  • Previous good behaviour
  • Where imprisonment would be particularly hard on the offender
65
Q

Explain aggravating factors.

A

Are details about the offence and the offender that may increase the offenders culpability and the sentence they receive.

  • Pre-planning the crime
  • Committing the crime as part of a group
  • Use of a weapon
  • Breach of trust
  • Vulnerabilities of the victim
  • Motivated by hatred or prejudice.
  • Offender has prior convictions for similar offences
66
Q

Explain guilty pleas.

A

Is considered important in sentencing as it saves the time of the courts and valuable community resources.

  • Saves the trauma of a trial for the victim/family
  • The prosecution may accept a guilty plea to a less serious charge if there is not enough evidence to prove a more serious charge
67
Q

Explain victim impact statements.

A
  • Effects of the crime on the victim is a factor.
  • Victims face the consequences of a criminal act in many ways, and at many stages.
  • Statement in writing or orally.
  • May contain information on the impact of the offence on the victim and of any injury, loss or damage.
  • Court has the power to deem some or all of a victim impact statement inadmissible.
68
Q

Define an instant synthesis.

A

When sentencing, Judges will not simply look at one purpose at a time. A sanction given by a Judge may be given to meet a number of different purposes.

The Sentencing Advisory Council refers to this as INSTANT SYNTHESIS.

VCE LEGAL STUDIES UNITS 3/4 (2024) (12 decks)

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