CLP 23 - Sentencing Flashcards
(23 cards)
Once a case is sent to the Crown Court, can it be sent back to the magistrates’ for sentence?
No, once sent to the Crown Court, sentencing must take place there.
What is a Newton hearing?
A hearing held when a defendant pleads guilty but disputes facts that would affect sentence. The judge determines the facts.
What happens if the prosecution proves its version in a Newton hearing?
Sentencing is based on the prosecution’s version, and the defendant usually loses part of their guilty plea credit.
What’s the difference between concurrent and consecutive sentences?
- Concurrent: offences arise from the same facts
- Consecutive: offences arise from different facts
When can sentencing be deferred?
Up to 6 months to allow the offender to demonstrate reform. Can result in a lighter sentence.
What is a Goodyear indication?
A Crown Court judge’s indication of sentence if the defendant pleads guilty – binding only if plea is entered.
Are indications binding in magistrates’ court?
Yes, but only if the indication is custodial vs non-custodial and the defendant pleads guilty.
How is offence seriousness determined?
By assessing culpability and harm (Sentencing Code, s.63).
What is the custodial threshold?
Court must only impose prison if the offence is so serious that a fine or community order is not sufficient (s.230 SA 2020).
Must courts follow sentencing guidelines?
Yes, unless it would be unjust to do so.
What must the court consider at a sentencing hearing?
- Aggravating/mitigating factors
- Victim impact statements
- Previous convictions
- Guilty plea reduction
- Totality
What is the sentence reduction for an early guilty plea?
- 1/3 off at first hearing
- 1/4 after first stage but before trial prep
- 1/10 on trial day
- A defendant charged with burglary pleads guilty at first hearing ➤ gets 33% reduction.
- If they wait until after case management or trial prep hearing ➤ 25%.
- Pleads on day of trial ➤ 10%.
What are examples of non-custodial sentences?
- Bind over - A person is required to ‘keep the peace’ for a specific amount of money, which they forfeit if they breach the order.
- Absolute discharge
- Conditional discharge - No immediate punishment, but if the offender commits another offence within a set time (up to 3 years), they can be sentenced for both the new and the original offence.
- Fines
- Community orders
What are the possible requirements under a Community Order?
- Unpaid work
- Rehabilitation activity
- Curfew
- Exclusion zones
- Residence
- Mental health, alcohol or drug treatment
- GPS tagging
- Prohibited activity, etc.
What happens if a Community Order is breached?
- Warning on first breach
- Re-sentence, stricter order, fine or custody on further breach
When is a custodial sentence imposed?
Only if the offence is so serious that neither a fine nor community sentence is sufficient.
What are the types of custodial sentences?
- Determinate sentence
- Suspended sentence
- Minimum sentence
- Extended determinate sentence (EDS)
- Mandatory life sentence
- Discretionary life sentence
What’s the max custodial sentence in the magistrates’ court?
- 12 months total for single and multiple offences
What are the rules for suspended sentences?
- Must be 14 days to 2 years
- Suspended for 6 months to 2 years
- Can be activated if breached
- Custodial term - how long the sentence would be if not suspended
- operational period - how long the sentences is suspended for
- supervision period - how long the offender is under supervision (optional)
What are minimum sentences for repeat offences?
- 7 years for third Class A drug offence
- 3 years for third domestic burglary
- 5 years for certain firearm offences
- 6 months for second weapon offence
What is a mandatory life sentence?
- Required for murder
- Judge must set minimum term before parole can be considered
- If released, offender is on licence for life
What is an Extended Determinate Sentence (EDS)?
- Sentence for dangerous offenders
- custodial period remains the same
- but there is an extended licence period (1–5 yrs for violence, up to 8 yrs for sex/terrorism).
What is a discretionary life sentence?
Life sentence imposed at court’s discretion for very serious offences where justified, e.g., second serious offence under Sch.15 SA 2020.
