aos 1 sac 1b

Question 1

Aggravating factors

Answer 1

Circumstances considered in sentencing that can result in a more severe sentence
Example:
. The offence occurred while the offender was on bail
. The offender was motivated by hatred to a particular group of people
. A breach of trust by the offender towards the victim

Question 2

Mitigating factors

Answer 2

Circumstances considered in sentencing that lead to a less severe sentence. 
Example:
. The offender showed remorse 
. No record or previous convictions 
. Offender co-operate with police

Question 3

Guilty plea

Answer 3

A factor taken into account when sentencing is whether the offender pleaded guilty and if so how far into the case.
. can result in a less severe sentence
early guilty please save time and money and stress associated with a trial.

Question 4

Victim impact statement

Answer 4

Made in the sentencing process after an offender is found guilty. contain particulars about loss or damage suffered by the victim
. Includes victims in the trial

Question 5

Imprisonment

Answer 5

A sanction that involves the removal of the offender from society for a period of time. recidivism rate is quite high due to negative influences.
. 2 + years must state a minimum non parole (must meet certain conditions before release)
. time awaiting trial in prison is taken into sentence
. supreme court can only give life

Question 6

Concurrent sentence

Answer 6

More than one sentence running at the same time as another sentence. (served at the same time). meaning the offender will serve the longer of the two sentences

Question 7

Cumulative sentence

Answer 7

when more than one sentence is imposed and they will be served on top of one another

Question 8

Protection

Answer 8

Safeguarding the community from the potential threat of the offender.
Example: imprisonment, may result in a longer sentence

Question 9

Rehabilitation

Answer 9

aims to address underlying reason and to stop recidivism.

Example: CCO’s

Question 10

Denunciation

Answer 10

court is indicating disapproval for especially wrong criminal acts.

Question 11

Deterrence

Answer 11

general- discouraging public

specific - discouraging offender

Question 12

Fines

Answer 12

Amount of money paid by an offender to the state and can be combined with another sanction.
fines are categorised into 12 levels, level 1 can not use a fine as a sanction due to the seriousness involved. Level 12 is 1 penalty unit = $157
. A court must look at the financial circumstances of the offender when imposing a fine

Question 13

CCO’s

Answer 13

supervised sentence in the community as part of a CCO the offender may undergo treatment, be required to take part in unpaid community work.
. offence more than 5 penalty units
. category 1 offence can not receive CCO’s
. 18-21 or mental impairment category 2
. up to 2 years in magistrates, 5 years in other
. includes conditions ie can’t leave the state

Question 14

sanction

Answer 14

A penalty imposed by courts in a person who is guilty of an offence. guided by the sentencing act.
. consistent approach
. fair procedures