Chapter 4: Determining a Criminal Case Flashcards

Question

What is a specialist CLC?

Answer 1

A community legal centre that focuses on a particular group of people or area of law (e.g. young people, domestic violence, animal protection)

Answer 2

- Basic legal information - Initial legal advice - Duty lawyer assistance - Legal Casework

Answer 3

- provided on a day-to-day basis | - some of the information is online

Answer 4

- provide legal advice and info such as preliminary assistance, and help with writing short letters and completing forms - offer a free legal advice service that allows people to visit the CLC without an appointment and get legal information and advice - phone advice also available

Answer 5

Duty lawyers provide advice or representation for urgent matters that will be completed in one day.

Answer 6

- very rare - involves legal representation and assistance, often requiring ongoing legal services - each CLC has its own eligibility requirements, and many only take on a matter if the person is eligible for a grant of legal assistance from VLA - many CLCs do not offer representation and assistance for indictable offences

Answer 7

People who need legal assistance the most because of their personal circumstances, such as people who have a disability or mental health issues, refugees, people in domestic violence situations, the homeless, young people and those who cannot afford a lawyer.

Answer 8

Yes. | E.g. St. Kilda Legal Service cannot assist an accused charged with an indictable offence.

Answer 9

- sources include state, Commonwealrh and local governments and private donations; also VLA - funding is an issue due to high demand for legal assistance, hence CLCs contunually seek more funding.

Answer 10

Free advice and information. CLCs provide free legal advice and information, meaning education on the justice system is accessible to all in the local community; this will assist unrepresented accused people better understand their legal rights in defending themselves and the courts’ procedures they will need to navigate when facing charges. Location. CLCs are located all over metropolitan Melbourne and some provide legal assistance over the phone, promoting accessibility to legal advice

Answer 11

Limited assistance. As clcs usually provide assistance for relatively minor criminal matters, they do not promote access to justice for those charged with very serious criminal matters (other than referring such accused persons to other legal service providers such as VlA). Only available to some geographical areas. relatively few clcs are located in rural parts of Victoria, limiting access to legal information and advice for those in remote areas.

Answer 12

Allows better understanding of legal system. though the information provided by clcs to accused persons is often limited, it is preferable to having an accused person self-represent with no understanding of the law and any lawful defences they can raise; as such an accused person who has sought advice from a clc is in a better position to present their defence in its best light, promoting fairness

Answer 13

Only provide minor assistance and advice. clcs often provide legal advice and casework for relatively minor criminal matters (and so cannot assist those defending indictable offences). further, clcs often cannot provide legal representation in court, meaning many individuals must still self-represent, reducing their ability to receive a fair trial (as they are less able to test the accuracy of the evidence presented by the prosecution and less aware of lawful defences they can raise).

Answer 14

Interpreters. clcs often provide an interpreter service to ensure those from non-english speaking backgrounds can access legal assistance, promoting equality in the justice system. Available to members of community regardless of personal attributes e.g. race, gender, age etc.

Answer 15

Legal representation is not available for serious offences. As clcs usually provide limited assistance to those charged with minor offences, many poorer individuals charged with indictable offences who do not meet VlA’s strict eligibility criteria will need to self-represent (with clcs often not able to assist these people); as such, access to legal representation remains unequal and affected by accused persons’ wealth/ income, despite the services provided by clcs.

Answer 16

No. Legal advice is given for free however.

Answer 17

Victorian and Commonwealth government. (2015-16 financial yr, VLA received $140.7m in govt funding. $91.3m from Victoria, $49.4m from c’weath govt. The Public Purpose Fund (ppf), a Victorian fund to meet the costs of regulating the legal profession in Victoria and fund the VLA. The funds come from lawyers and legal practices. In the 2015-16, VLA received $28.3m in income from the PPF

Answer 18

The processes and hearings that take place in the Magistrate's Court for indictable offences.

Answer 19

- an accused has been charged with one or more indictable offences - the accused has pleaded not guilty

Answer 20

- determine whether charge is appropriate to be heard and determined summarily - determine if enough evidence exists to support conviction for the charge - find out whether accused pleads guilty or not guilty - ensure fair trial

Answer 21

- prosecution's case is disclosed to the accused - giving the accused the opportunity to hear or read evidence and cross-examine witnesses - allowing the accused to put forward a case at an early stage if they choose to - allowing the accused to properly prepare and present a case - issues to be charged are properly defined

Answer 22

A committal hearing

Answer 23

A hearing that is held as part of the committal proceeding. At the committal hearing, the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged.

Answer 24

- accused can question the prosecution's witnesses and make submissions about the charges. - after the evidence and submissions, the magistrate decides whether to commit the accused (send to trial)

Answer 25

the accused is committed to stand trial and released on bail to wait for the trial or held in remand

Answer 26

The accused is discharged and allowed to go free

Answer 27

The accused can be brought before court again, because the committal proceeding is not a trial and the accused has not been found guilty or not guilty.

Answer 28

If accused committed for trial, the documents transferred to DPP who files indictment (written statement of details of the charge) in the County/Supreme Court. This commences the criminal proceedings in the higher court and ultimately leads to a trial before the judge and jury to determine guilt.

Answer 29

TIPS T: accused can test the strength of the prosecutions case (e.g. cross-examining their witnesses). They might thus plead guilty or agree upon some facts or issues, saving time. I: allows accused to be informed about the prosecution's case, helping them decide whether to plead guilty or not guilty, and helping them prepare their case without being ambushed by unexpected witnesses. P: Upholds presumption of innocence as the prosecution must establish that enough evidence (of sufficient weight) exists to support conviction on trial. If they cannot do that, the accused is discharged. S: Save time and resources of higher courts by filtering out the weak cases that are unlikely to succeed due to insufficient prosecution evidence.

Answer 30

DICE D: Can add to delay of getting a case to trial, which may reduce access to the criminal justice system and increase risk of unfair outcome. I: Can be unnecessary and inconvenient, and add extra and stress and trauma to the parties and victims (e.g. having to hear/give evidence twice) C: Complicated. Involve making submission, cross-examination, many different hearings (including committal hearing). Can thus be difficult to understand without experience with the processes and without legal representation, thus risking compromise of fairness. Could also lead to inequality between experienced prosecutor and inexperienced accused person. E: Expensive. Adds costs for the accused (e.g. employing legal representation) and increases cost to the state of prosecuting a case.

Answer 31

Yes, but only if the prosecution has a strong case and wants to avoid the distress, expense and time involved in committal proceedings.

Answer 32

- By filtering out cases without sufficient evidence to support a conviction, committal proceedings prevent higher courts from experiencing a backlog of cases that are not worth pursuing with the state's resources. Thus, cases with strength and merit can actually be heard in the higher courts without unreasonable delay.

Answer 33

- complex and difficult for the accused to understand without legal experience or representation - may cause unnecessary delays of getting a case to trial which could reduce accused person's access to the justice system

Answer 34

Reduces delays. committals save the time and resources of higher courts by filtering out the weak cases that are unlikely to succeed because of insufficient prosecution evidence; by minimising the delays for serious trials, it reduces the stress and anxiety for accused persons, witnesses, victims and their families, which is fair. Ensures transparency. Allows the accused to be informed of the prosecution’s case against them. this could help them decide whether to plead guilty or not guilty, and also help them to prepare their case in its best light, promoting fairness. Upholds presumption of innocence. the prosecution is required to prove to the court that there is enough evidence to support the conviction at trial. if they cannot do that, the accused is discharged. this supports the principle that the accused is innocent until proven guilty and ensures they do not face the stress and cost of a jury trial that has little prospect of resulting in a guilty verdict (which is fair).

Answer 35

Stress and trauma inflicted on victim/witnesses may reduce their ability to testify in court and create unfair circumstances in court for them. Expensive. Despite poor evidence, accused may still plead guilty to avoid the legal costs of pursuing the case further in court. Thus, not equitable. Fear of expenses has impeded justice.

Answer 36

All accused for indictable offences. All persons charged with indictable offences are equally granted the benefits of committal proceedings – namely, the opportunity to see the prosecution’s case against them and to ensure they don’t stand trial if the prosecution case is weak – regardless of their age, income, gender and so on.

Answer 37

Complex process can disadvantage an accused. if an accused does not have legal representation they can find it hard to understand committal proceedings, as the rules regarding such proceedings are complicated. Without legal representation the accused can find it hard to understand the process and may be unaware of legal rights to test the prosecution’s evidence. this will result in inequality between a very experienced prosecution (the prosecution has the office of Public Prosecutions, Victoria Police and the state’s forensic science resources to assist it in preparing its case) and an inexperienced accused person.

Answer 38

Yes. - Plea negotiations - Sentence indications

Answer 39

Pre-trial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid a.k.a charge negotiations.

Answer 40

Any offers made by either party during the negotiations cannot be used against them if the negotiations are not successful. Thus, accused may be free to negotiate with the prosecutor without fear that what they say will be used against them at trial or a hearing if negotiations fail. Upholds fairness as accused is able to use legal processes without fear or favour. However, can still disadvantage parties by providing insight into their weaknesses.

Answer 41

- pleads guilty to fewer charges, with remaining charges not proceeding - pleads guilty to a charge but an agreement is reached about the facts on which the plea is based - pleads guilty to a lesser charge with lower maximum penalty

Answer 42

False. The prosecutor has no power to sentence an offender. Only the court can do that.

Answer 43

- court informed the charges the accused has pleaded guilty to - court imposes sanction upon offender

Answer 44

- Yes | - But not deciding factor

Answer 45

- resolve criminal case by ensuring a plea of guilty to a charge that adequately reflects the crime that was committed - prompt resolution to a criminal case without the cost, time, stress, trauma and inconvenience of criminal trial or hearing (relieves victims/witnesses of burden and trauma of giving evidence and help them move on) + provides certainty of outcome.

Answer 46

- whether accused willing to cooperate in investigation/prosecution of co-offenders or other offenders - strength of prosecution's case - whether accused is willing to plead guilty - whether witnesses reluctant/unable to give evidence - possible adverse consequences of full trial - views of victim

Answer 47

- The accused is not prepared to plead guilty to any charges. - The alleged offending is so serious that a conviction for lesser charges is not in the public interest (and the perception the accused ‘got off lightly’ will be too great). - The victim (or their family) opposes such an agreement (please note the prosecution will consider this in deciding whether to negotiate a plea, but it is ultimately up to the prosecution to decide whether to enter such an agreement – even if the victim or their family opposes it).

Answer 48

- save cost of full trial or hearing - avoid delays (promoting fairness) through prompt determination of cases - save victims and witnesses trauma, inconvenience and distress of trial or hearing - certainty of outcome (definite guilty plea, not solely dependant on judge/jury deciding beyond reasonable doubt

Answer 49

PLAN - Self-represented accused persons may feel pressured into accepting a deal even if evidence is not strong - Society/victims might see sentence as lenient (and not reflective of crime) and feel that the accused has been 'let off' - Prosecutor Avoiding need to prove beyond reasonable doubt, undermining presumption of innocence - If negotiations do not succeed, either party may be advantaged or disadvantaged if matter proceeds to trial e.g. prosecution may get insight into weaknesses of accused's case

Answer 50

Saves court time and resources. Plea negotiations allow for cases to be resolved before going to trial, minimising delays and freeing up court resources to make the legal system more accessible for cases which do go to trial.

Answer 51

- lenient verdict 'let off' - victim's day in court - lack of transparency

Answer 52

Delays are minimised. Plea negotiations provide for fairness as they may mean a trial is avoided freeing up court resources which may relieve case backlogs; because delays create added stress for accused persons, victims and witnesses, minimising such delays is fair.

Answer 53

Outcome may not reflect crime. Plea negotiations may sometimes result in the community feeling that an accused has been ‘let off’ because they were able to plead guilty to a lesser charge/fewer charges. this could lead to the impression that the outcome was unfair. Not conducted in public. Plea negotiations are conducted in private, unlike a trial. A public hearing is an element of a fair trial, so plea negotiations could be seen as undermining the achievement of fairness in this way. However this is a small weakness – an accused is free to refuse to enter a plea negotiation and be tried by jury in public, if they wish. Beyond reasonable doubt compromised, thereby undermining the presumption of innocence.

Answer 54

Personal characteristics not relevant. An accused person’s income, gender and other personal characteristics don’t affect whether a plea negotiation takes place.

Answer 55

Not available to all accused persons. A plea negotiation will only be possible if the prosecution agrees to one. therefore, there is not always equal opportunity for all accused to enter into a plea negotiation.

Answer 56

A statement made by a judge to an accused about the sentence they could face if they plead guilty to an offence.

Answer 57

County Court and Supreme Court

Answer 58

- can only be given if the accused applied and the prosecution agrees - can only be given once during the proceeding (unless prosecution otherwise consents) - court can refuse to give sentence indication e.g. if it considers there is insufficient evidence about impact of offence on victims - the fact that accused asked for sentence indication cannot be used against them as evidence of guilt if matter proceeds to trial - if accused pleads guilty at first available opportunity, the sentence indication binds the judge. but if they do not plead guilty at the first available opportunity, a different judge may preside over trial and sentence indication will not bind trial judge

Answer 59

- Can be given by Magistrates' Court at any time during proceeding - If accused pleads guilty at first available opportunity, the court must not impose a more severe sanction than the sentence indicated. but if accused asks for sentence indication and pleads not guilty, a different magistrate will hear and determine the charge, and the different magistrate will not be bound by the sentence indication

Answer 60

Page 93 textbook

Answer 61

- Put accused persons in a better position to make the decision to plead guilty/not guilty at an early stage in proceedings (by providing extra information about the consequences of doing so). - Save the time, cost, resources and inconvenience of having a contested trial (or hearing) that may lead to higher sentence - Bring earlier closure for victims and their families - Free up resources of the justice system for other matters

Answer 62

- whether accused has applied for sentence indication - for indictable: whether sentence indication has already been given (cannot be given more than once unless prosecution consents) - type of offence and court hearing charges (More likely to be appropriate in Magistrates' Court and County Court. Offences heard in Supreme Court are of such severity that offender will usually receive custodial sentence) - whether there is enough info. about effect on victim. if info not available, sentence indication may not be appropriate - whether accused is charged with indictable offence and the prosecution consents to sentence indication. Cannot be given for indictable offence if prosecution does not consent. - strength of evidence against accused - legitimacy of their defence - nature of offence (not appropriate for sex offence cases, given their sensitivity, but may be more useful in drug/fraud cases

Answer 63

- early determination of the case. not delayed justice. - save money and resources as case needn't be taken to trial - the indication is given by an experienced and impartial judge or magistrate, giving accused more confidence about appropriateness of sentence - It can minimise the trauma, stress and inconvenience of a trial for victims and witnesses

Answer 64

- For indictable offences, the judge is not obliged to grant the accused’s request. May be unfair if accused is willing to consider pleading guilty on the basis of the sentence indication - In higher courts, prosecution consent is required. Thus, limiting availability of the regime whether the prosecutor does not consent. - Avoids need for charges to be proven beyond reasonable doubt, undermining presumption of innocence & The sentence indication is given before all the facts have been admitted or proved - denies victims their 'day in court'. They may want to see justice occur with guilty verdict

Answer 65

Saves court resources. earlier guilty pleas reduce the courts’ workload, reducing delays for matters that do go to trial – this promotes access for parties to those cases.

Answer 66

Accused is more informed. enables the accused to make a more informed decision regarding his/her plea, providing for fairness. Early guilty plea. By reducing the likelihood of a delayed guilty plea (perhaps part-way through a trial) this scheme should prevent the stress and anxiety for victims and witnesses by reducing the number of contested trials. Cannot be used as evidence. A sentence indication does not prejudice a court against an accused person, ensuring fair trial – it is not used as evidence, and if the matter goes to trial a different judge/magistrate conducts the case, ensuring fairness is not undermined by this process.

Answer 67

Denies victims their ‘day in court’. Victims of crime (and their families) may feel denied the opportunity to hear the accused answer the charges against them at trial.

Answer 68

Personal characteristics not relevant. An accused person’s income, gender and other personal characteristics don’t affect whether a sentence indication is provided. Impartial judge - not discriminatory

Answer 69

A ranking of courts from highest to lowest based on the complexity of the cases they can hear.

Answer 70

the lawful authority of a court, tribunal or other dispute resolution body to decide legal cases.

Answer 71

Original jurisdiction | Appellate jurisdiction

Answer 72

the power of a court to hear a case for the first time

Answer 73

The power of a court to hear a case on appeal

Answer 74

High Court of Australia (Federal) Supreme Court of Victoria (Court of Appeal) Supreme Court of Victoria (Trial Division) County Court of Victoria Magistrates' Court of Victoria, Coroner's Court, Children's Court

Answer 75

- Specialisation | - Appeal

Answer 76

As each separate court has its own jurisdiction, it can develop expertise in deciding the particular cases it regularly hears and developing specialisation is their relevant principles. E.G. Supreme Court of Appeal: criminal appeals in indictable offences and sentencing principles Supreme Court Trial Division: most serious indictable offences (murder and manslaughter) County Court: particular types of indictable offences (e.g. theft, sexual offence) Magistrates' Court: summary offences and committal proceedings Children's Court: cases of young people being charged with crime Coroner's CourtL: investigating deaths and fires involving suspicious circumstances or where cause of death is unknown.

Answer 77

An application to have a higher court review a ruling made by a lower court

Answer 78

A person who appeals a ruling or decision

Answer 79

The party against whom an appeal is made

Answer 80

Due to the existence of a ranking of courts, a party who is unsatisfied with the ruling of a case can apply to have it reviewed by a higher court. This works to correct and minimise errors in the deliverance of justice as a higher authority is able to review the case, thus acknowledging the possibility of an incorrect verdict and upholding the presumption of innocence. This also promotes fairness as the appeal processes ensures that an appellant who feels judgement has not been impartial can challenge it through a more experienced court.

Answer 81

- appealing on a question of law (some law has not been followed e.g. inadmissible evidence was heard) - appealing a conviction - appealing because of the severity or leniency of a sanction imposed.

Answer 82

In some circumstances, yes.

Answer 83

Page 99 Textbook

Answer 84

- the prosecution | - the accused

Answer 85

become A SCOOP ``` Assist the judge in jury matters make Submissions about sentencing Closing address Opening address Other responsibilities Present the party's case ```

Answer 86

Prosecution gives statement to jury about prosecution's case before presenting evidence in trial. If accused is legally represented, their defence can present to jury a response to the prosecution's opening address. If not represented, the accused doesn't have to do this.

Answer 87

- both parties assist in empanelling the jury. - can challenge potential jurors with reason (unlimited challenges) or without reason (limited challenges) - can request during trial than trial judge give direction to jury

Answer 88

The prosecution bears the burden of proof and must present all credible and relevant evidence to jury even if it doesn't benefit their case. The accused is under no obligation to present evidence, has complete control and can choose to not say anything.

Answer 89

Prosecution entitled to address jury to sum up evidence and give closing address after close of all evidence and before closing address of the accused (if the accused makes one). Accused entitled to address the jury to sum up evidence and give closing address after closing address of prosecution.

Answer 90

At plea hearing after jury delivers its verdict, parties can make submission about sentencing if the accused is found guilty.

Answer 91

- attend trial - research the law - no bias (prosecution expected to act in an impartial way that does not seek to bias the court against the accused; must assist court in impartially presenting prosecution's evidence to the court)

Answer 92

BE OCkA Be prepared Other responsibilities Comply with their duty to the court Act in the best interests of their client

Answer 93

Be ready to proceed, be familiar with the documents that are to be admitted into evidence and the witnesses that are to be called.

Answer 94

- take special care of some accused persons - advice the accused about their rights - defend the accused regardless of any belief or opinion - act in certain manner if accused has confessed guilt

Answer 95

Must act ethically and in accordance with the law, even if it means going against their client's instructions. They should not twist facts to assist case. Expected to be courteous, cooperate with each other and the court, and comply with any directions given by the court.

Answer 96

- present to the jury a response to the prosecution's opening address - address the jury after the close of all evidence and after the closing address of the prosecution - help examining and cross-examining witnesses - make submissions during sentencing - uphold duty to client, not broader society

Answer 97

- Punishment - Deterrence - Denunciation - Protection - Rehabilitation

Answer 98

One of the purposes of a sanction designed to penalise the offender and show the society and victim that criminal behaviour will not be tolerated.

Answer 99

- Allows victims and their families to feel a sense of retribution without taking the law into the own hands, which would increase crime and disrupt social cohesion

Answer 100

Imprisonment (deprivation of freedom)

Answer 101

- works to discourage the offender and others in society from committing the same or similar offences in the future by providing an appropriately strict consequence for those crimes

Answer 102

- general deterrence | - specific deterrence

Answer 103

One purpose of a sanction. designed to discourage others in the community from committing similar offences

Answer 104

One purpose of a sanction, designed to discourage the offender from committing similar offences.

Answer 105

One purpose of a sanction designed to demonstrate the community's disapproval of the offender's actions.

Answer 106

- conveys the message that this type of criminal behaviour will not be tolerated by the courts.

Answer 107

One purpose of a sanction designed to safeguard the community from the offender by preventing them committing a further offence (e.g. through imprisonment)

Answer 108

- ensures the safety of society by imposing a sanction that prevents the offender from harming again e.g. Offenders may have to be imprisoned so that they cannot commit more harmful acts.

Answer 109

One purpose of a sanction designed to reform an offender in order to prevent them from committing offences in the future.

Answer 110

Fine Community Correction Order Imprisonment

Answer 111

A sanction that requires the offender to pay an amount of money to the state.

Answer 112

- maximum penalty prescribed in statute e.g. maximum 600 penalty units - financial circumstances of offender and nature of burden the payment will impose (fairness) - impact of offender's crimes - value of any benefit to the offender as a result of the offence

Answer 113

Allows government to increase all fines by increasing the value of a penalty unit each year without changing all statutes. Thus, systematic changes in value of fines become easier to implement.

Answer 114

imprisonment or community work

Answer 115

punishment general and specific deterrence denunciation

Answer 116

Requiring them to pay money to the state. | Amount of money is high enough to act as a punishment (financial circumstances taken into consideration).

Answer 117

- discourage offender from reoffending by providing consequence - discourage members of community from committing similar offence as they know they will have to pay a fine if caught

Answer 118

- clear public declaration that certain acts and behaviours are not acceptable - court may give large fine to show strong disapproval of certain actions

Answer 119

SWAM Whether it's Sufficient to act as a general deterrent for the whole community: small fine may only deter people without much money Wealth of offender: has considerable wealth = may not be punished or specifically deterred not enough money = cannot pay fine = unlikely to be punished or deterred Ability to denounce crime: fine may not be high enough to send adequately strong message about court's disapproval More appropriate sanction: sanction that protects community or rehabilitates offender may be more useful to community.

Answer 120

A supervised non-custodial sentence served in the community that includes special conditions. It can be used to sanction a range of offences.

Answer 121

- offender found guilty of offence not punishable by over 5 penalty units - court has received a pre-sentence report - offender consents to CCO - CCO is appropriate for the offender

Answer 122

It can be cancelled, and the offender will be resentences for the original offence. This could mean a tougher sentence because the offender has failed to comply with the CCO.

Answer 123

- up to 2 years in the Magistrates' Court for a single offence - up to 5 years in any of the Victorian Courts

Answer 124

Yes. Can be combined with a fine or up to one year imprisonment. When combined with a prison sentence, CCO starts after offender's release from jail.

Answer 125

- must not commit another offence punishable by imprisonment during term of the order - must report to community corrections centre with 2 days of order coming into force - report to and receive visits from a community corrections officer - notify an officer of a change of address - must not leave Victoria without permission - comply with any directions of community corrections officers

Answer 126

At least 1.

Answer 127

``` Unpaid community work. Treatment and rehabilitation. Supervision. Non-association. Residence restriction or exclusion. Curfew. Alcohol exclusion. Bond. Judicial monitoring. Some other condition. ```

Answer 128

- punishment - rehabilitation - specific deterrence

Answer 129

Impose conditions (e.g. receive visits from community corrections officer, obtain permission before leaving Victoria, complying with directions given by community corrections officers) that can be a limitation on the freedom of the offender.

Answer 130

Conditions like alcohol exclusion or a treatment and rehabilitation condition aim to rehabilitate the offender by treating the underlying causes of the offending. They emphasise on the 'good citizen' aspects of the sanction and help the offender's self-image.

Answer 131

Having to comply with burdensome conditions (e.g. unpaid community work) may discourage the from committing the same crime again.

Answer 132

- whether appropriate condition is imposed - whether offender will comply with conditions - whether CCO properly protects the community, where protection is a relevant purpose - whether there is another or better sanction that will achieve the necessary purposes

Answer 133

A custodial sanction that involves removing the offender from society for a stated period of time and placing them in prison. - offenders los their freedom and liberty

Answer 134

The supervised and conditional release of a prisoner after the minimum period of imprisonment has been served.

Answer 135

If a court sentences offenders to imprisonment for 2 or more years. (between 1 and 2 years, stating non-parole period is optional)

Answer 136

Prison sentence served in full

Answer 137

Concurrent sentences: run at the same time as another sentence Cumulative sentences: served straight after another sentence

Answer 138

Applies to more than one offence, rather than separate sentences for each offence. (not specified how much of a sentence is with respect to each individual offence).

Answer 139

Allows courts to impose a sentence that reflects all of the offender's conduct and provides a clearer explanation of the total sentence.

Answer 140

Not available for serious offences where there is a presumption that sentences will be served cumulatively.

Answer 141

For serious offences where it is satisfied, to a high degree, of the probability that the offender is a serious danger to the community.

Answer 142

Punishment (deprives offender of their freedom and liberty) Protection (serious criminals removed from society, can no longer harm them) Rehabilitation (various programs offered to prisoners), but more likely to lead to further crimes because of influence of other prisoners and difficulty of getting back to normal life after having spent time in prison) Denunciation (long sentences on offenders by way of showing disapproval; imposing harshest sanction) General deterrence (community deterred from committing crime by possibility of going to prison) Specific deterrence (particular offender does not want to go to prison again)

Answer 143

- rate of recidivism - availability of drugs in prisons - exposure of offenders to negative influences - whether offender is offered appropriate opportunities to rehabilitate, and whether they will take advantage of those opportunities - whether other sentences (e.g. CCOs) are better focused on rehabilitation - the extent to which the community is protected if short prison terms are given

Answer 144

Those which increase the culpability of the offender and increase the severity of the sentence imposed.

Answer 145

No. | But remorse can act as a mitigating factor.

Answer 146

Those which reduce the culpability of the offender and reduce the severity of the sentence imposed.

Answer 147

- avoid time, expense and stress of trial - spare victims/witnesses/family trauma of attending trial (good for prosecution if they're dealing with a vulnerable witness who may be incapable of providing a competent testimony) - utilitarian value

Answer 148

The earlier the guilty plea is made, the greater the reduction the court is inclined to give

Answer 149

A statement containing the particulars of any injury, loss or damage suffered by the victim as a direct result of the offence. It is filed by with the court by the victim and is considered while sentencing.

Answer 150

If a person is found guilty of an offence.

Answer 151

- Allow victims to have their say in the sentencing process | - Help ensure that severity of sentence imposed is proportionate to the impact of the crime