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Legal - U3 AoS1 > Ch 5 Notes > Flashcards

Ch 5 Notes Flashcards

1
Q

Sanctions - statute and role

A

“Sentencing Act 1991 (VIC)”
» Sets out court powers to impose sanctions and establish types of sanctions

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2
Q

Purposes of Sentencing Act

A
  1. Promote consistency of sentencing
  2. Provide fair procedures to impose sanctions
  3. Prevent crime and promote respect for law
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3
Q

“Principle of Parsimony” meaning

A

Judge can not give a sentence more severe that necessary to achieve purposes of sanction imposed - must be proportionate

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4
Q

Punishment: When, Purpose

A

When: For serious and violent cases

Purpose: avoid victim needing to take matters into own hand - justice already done

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5
Q

Protection: When, Purpose

A

When: 1. Offender refuse rehab/treatment, 2. No remorse, 3. Sig. crim history

Purpose: To restrict and prevent

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6
Q

General Deterrence: When

A

General: violent and serious offences BUT - depends on people know and understand

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7
Q

Specific Deterrence: When

A

Specific: prior convictions&raquo_space; risk reoffend BUT - if remorse/unique circumstances/first time&raquo_space; no need

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8
Q

Denunciation: When, Purpose

A

When: often for fam violence, significant violent acts, motivation of prej/hate

Purpose: reinforce community values and show behav is condemned

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9
Q

Rehab: When, Purpose

A

When: offender is remorse&raquo_space; willing to change (usually after prison)

Purpose: Treat underlying causes of offend&raquo_space; prevent future harm

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10
Q

Examples of Rehab

A
  1. “Torch Program” - FN prisoners reconnect with culture through art
  2. Life-skills, drug treatment, anti-violence etc. programs
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11
Q

Fine Levels 1, 2, 12

A

12 = lowest = 1 p.u
2 = highest = 3000 p.u
1 = too serious for a fine (e.g. murder)

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12
Q

Court considerations: Fines

A
  1. Offender’s finance circumstances
    (e.g. Burden of payment imposed - can be paid in instalments)
  2. Other orders made (e.g. compensation)
  3. Property damage from offence
  4. Benefit of offender from offence
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13
Q

If Offender can not pay…

A

…Court can vary/discharge fine if circumstances had substantially changed

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14
Q

Criteria for fine to convert to unpaid community work

A
  1. Changed circumstances&raquo_space; can’t pay
  2. Fine <= 100 p.u
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15
Q

If offender won’t pay…

A
  1. Enforce payment (e.g. warning notices)
  2. Ordered community work
  3. Warrant to seize property to satisfy fine
  4. Imprisonment
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16
Q

Relevant Sentencing Purposes: Fines

A
  1. Punishment
  2. Deter
  3. Denounce
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17
Q

Fines: Punishment

A
  1. Finance circumstance
  2. Amount/burden
  3. Person/company
  4. Fine is paid/enforced
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18
Q

Fines: Specific Deter

A

Specific:
1. Finance circumstance
2. Amount/burden
3. Person/company
4. Paid/enforced

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19
Q

Fines: Denounce

A
  1. Amount of fine
  2. Enforced
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20
Q

Role of CCOs

A

To address crim behav w/o negative impacts of prison (e.g. treatment programs)

21
Q

Max Lengths of CCOs

A

Mag: 2 years single
Other: 5 years single

22
Q

Eligibility for CCO

A
  1. Offence >= 5 p.u
  2. Court received pre-sentence report
  3. Offender consent
  4. Court satisfied is appropriate

NOT for category 1,2 (murder etc.)

23
Q

CCO Core Conditions

A
  1. No offences punishable by prison in CCO
  2. Report to CC centre within 2 work days of order
  3. Report to/receive visits from CC officer
  4. Notify for address/employ change within 2 work days
  5. No leave Vic w/o permission
  6. Comply with CC officer directions
24
Q

Offender can’t/won’t comply with CCO

A

Court can:
1. Vary conditions
2. Cancel CCO with no more orders
3. Impose different sanctions

25
Criteria for changed CCO
1. Changed circumstances >> can't comply with CCO 2. Offender no longer consents 3. No longer in community interest
26
Relevant Sentencing Purposes: CCO
1. Deter 2. Denounce 3. Rehabilitation
27
CCO: Punish
1. Length of CCO 2. Mandatory conditions imposed (but must also be seen as punishing by others) 3. Additional conditions 4. Restrict liberty
28
Fines: General Deter
General: 1. Amount/circumstance of community 2. Enforced 3. Known and understood
29
CCO: Specific Deter
1. Length of CCO 2. Mandatory conditions imposed (can be resentenced if breach) 3. Additional Conditions
30
CCO: General Deter
1. Nature of CCO (e.g. restrictive?) 2. If CCO is communicate to public
31
CCO: Denounce
1. Length of CCO 2. Conditions imposed
32
Mag prison restrictions
Mag: 2 years for single 5 years for 2+ offences
33
Levels of Prison
Level 9 = lowest level = 6 months (e.g. conceal birth) Level 1 = highest level = Life (e.g. murder)
34
When is cumulative and concurrent used?
Most are served concurrently Cumulative is used when... 1. Certain serious offences 2. Prison is in default of a money payment 3. Prisoner offends/escapes 4. Offence by person on bail/parole
35
Indefinite sentences used for...
1. Non-young person 2. Serious offence (county/supreme) 3. Serious danger to community satisfied to a "high degree of probability"C
36
Appropriateness for indefinite sentences
1. Past history/circumstances/character 2. Nature/gravity of serious offence 3. Special circumstances
37
Discharge/no-discharge
Reviewed periodically - no longer danger to community >> discharge >> 5 year re-integration program Choice to/not to discharge can appeal by offender/OPP
38
Relevant Sentencing Purposes: Prison
1. Punish 2. Deter 3. Denounce 4. Protection
39
Prison: Punish
1. Length of sentence 2. Offender's circumstance (e.g. mental disable not understand)
40
Prison: Specific Deter
1. Length of sentence 2. Offender's circumstances 3. Nature of prison term (may normalise violence)
41
Prison: General Deter
1. Length of prison 2. Circumstances of offender
42
Prison: Denounce
1. Length of sentence 2. Communication of sentence to public
43
Prison: Protection
1. Length of sentence 2. Circumstances of offender (will offend when release?) 3. Offender's treatment
44
Aggravating Factors
1. Violence/weapons 2. Where it was planned 3. Nature/Gravity 4. Vulnerable victim 5. Hate/prejudice motivated 6. In front of children 7. Breach of trust by offender to victim 8. Prior convictions 9. Offence while CCO/bail/parole
45
Mitigating Factors
1. Showing remorse 2. Good character 3. Offence under duress 4. Personal strain/unique background 5. Rehb prospects/efforts 6. Likely neg effects of prison 7. Harm not substantial 8. Young/disabled 9. Early guilt plea
46
Guilty Plea: court must reveal original if...
1. Custodial 2. CCO of 2+ years 3. Fine of 10+ p.u 4. Aggregate fine of 20+ p.u
47
Sentencing Factors
1. Aggravating factors 2. Mitigating 3. Guilty Pleas 4. Victim Impact Statement
48
CCO: Rehabilitation
1. Conditions imposed 2. Active Participation 3. Offender's circumstances

Legal - U3 AoS1 (7 decks)

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