criminal law 2a (1st term)

Question 1

lesson one

define court hierarchy

Answer 1

• the court hierarchy is a ranking of the courts based upon the severity & complexity of the cases in which they can adjudicate.
• each court has its own jurisdiction which can be considered an original jurisdiction or appellate

Question 2

lesson one

define jurisdiction

Answer 2

• the legal authority of a court to decide legal cases

Question 3

lesson one

define original jurisdiction

Answer 3

• the power of a court to hear a case for the 1st time

Question 4

lesson one

define appellate jurisdiction

Answer 4

• the power of a court to hear a case on appeal

Question 5

lesson one

what are the 2 reasons for court hierarchy?

Answer 5

• specialisation
• appeals

Question 6

lesson one

define specialisation

Answer 6

• the lvl of expertise gained by the j / m which is dev. from hearing the same matters repeatedly. this allows j / m to resolve disputes in a more consistent, efficient & fair manner

Question 7

lesson one

how does specialisation lead to increased efficiency?

Answer 7

• b/c judges are likely to have to refer to past precedents through research, helping to est a great knoweldge of law and sim case matters

Question 8

lesson one

what is an example answer of linking the reason of specialisation to the existence of a hierarchy?

Answer 8

• a hierarchy allows for spec. b/c the ranking of courts ensures that there are clear jurisdictional boundaries for where crim. matters can be heard which reinforces judges’ ability to dev. their expertise.
• if there was X hierarchy, judges would be exposed to all varieties of cases, lim their opp to dev expertise

Question 9

lesson one

what is the structure for answering reasons for court hierarchy questions?

Answer 9

1. explain the reason e.g. spec.
2. use an example of a court to reinforce your response
3. link back to how a court hierarchy promotes this

Question 10

lesson one

what is an example of specialisation?

Answer 10

• w/n CC:
• hears IO - gen X involving a homocide
• j have dev spec in those matters incl elements of each crime that needs to be proven
• j dev exp in jury matters
• j can hear appeals from MG on leniency & severity of sentencing –> consistency

Question 11

lesson one

define appeals

Answer 11

• the application / process to have a higher court review a ruling / decision / judgement at trial
• X re-trial w/ jury

Question 12

lesson one

why are appeals needed?

Answer 12

• appeals allow for a party (appellant) who is dissatisfied w/ a judgment at trial to take a matter to a higher court for review. the system allows for fairness so that any mistakes made at trial can be corrected

Question 13

lesson one

what are the grounds for appeals?

Answer 13

• question of law
• appealing a conviction
• appealing a sentence

Question 14

lesson one

what does question of law mean?

Answer 14

• the appellant can argue that th law has X been followed
• e.g. allowing inadmissible evidence or the incorrect application of a statue

Question 15

lesson one

what does appealing a conviction mean?

Answer 15

• the offender can argue that the burden / standard from the pros. has X been met

Question 16

lesson one

what does appealing a sentence mean?

Answer 16

• the pros. can appeal a sent. on grounds of leniency & the off can appeal a sent arguing it is too severe / excessive

Question 17

lesson two

who are considered the key personnel w/n the courtroom?

Answer 17

• the judge (mag)
• the jury
• the parties

Question 18

lesson two

what is the purpose of the judge?

Answer 18

• the purpose of a judge in trial is to act as a referee/ they oversee the case to ensure that court procedures are carried out in accordance w/ the rules to ensure that parties are treated fairly
• judges must = imp, X favour any sie & have X connection to the pros or acc

Question 19

lesson two

what does it mean for a judge to be impartial?

Answer 19

• must be unbiased
• X favour one side or be vested in the outcome of the case
• should X have apprehended bias = create a situation where a reasonable person may believe that the judge hearing the case may X bring an impartial mind

Question 20

lesson two

how do judges act impartial?

Answer 20

• managing the trial
• decide on the outcome of the case
• sentencing the offender

Question 21

lesson two

how do judges manage the trial?

Answer 21

• ensuring that court procedures are followed; both parties have the same opp to present their case
• asking clarifying questions of wit, calling new wit
• adjourning - taking breaks in the rial to ensure that there is X disparity e.g. if a witness was hsowing signs of distress & cont. to testify may lead to inacc information
• det admissibility of evidence = evid must be relevant to issue / hearsay evid X admissible

Question 22

lesson two

how do judges decide on the outcome of the case?

Answer 22

• giving direct. to jury to ensure a fair trial - informing the jury that acc is X req to give evid –> reinforcing that jury needs to apply the elements of the law
• expl. leg def to the jury

Question 23

lesson two

how does the judge complete the sentencing of the offender?

Answer 23

• if acc found g. by jury / pleads g –> parties will make submis. for sentencing
• judge must follow the Sentencing Act 1991 (vic) & comply w/ leg.
• judge must factor in agg / miti / VIS should there be one to ensure procedural fairness in sentencing

Question 24

lesson two

what is the purpose of the jury?

Answer 24

• the purpose of the jury in an indict trial is to det. the g of the acc through being a ‘decider of the facts’
• must be imp & base their decision on the evidence presented whilst applying the law in an indep manner

Question 25

# lesson two what are the roles of the jury?

Answer 25

- be objective - listen & remember evidence - understand directions & summing up - deliver a verdict

Question 26

# lesson two what does it mean for the jury to be objective?

Answer 26

- unbiased & put aside any prej. - have X connection w/ any of the parties (acc / wit / pros. / judge) - dec. the g of the acc based upon evid. & facts rather than personal bias

Question 27

# lesson two what does it mean for the jury to listen & remember evidence?

Answer 27

- jury mem = take notes to rem. infor. presented at trial - conc. on infor. presente to them during trial - mem = X conduct res / own invest. or make any additional enquires --> discharged or fin. penalties

Question 28

# lesson two what does it mean for juries to understand directions & summing up?

Answer 28

- listen to judge for direct. & explan. on point of law - req. an explan of leg ele / term that = unclear e.g. in sexual offence cases being aware of the def of consent

Question 29

# lesson two what does it mean for the jury to deliver a verdict?

Answer 29

- part w/ other jurors during delib & form an opinion about which party they believe - make dec on the facts of the case - reach a unani verdict for murder, treason or drug off - maj verdict = accep for other indict off

Question 30

# lesson two who is the prosecution?

Answer 30

- the legal personnels brining the crim matter to court (incl barr & sol)

Question 31

# lesson two who is the accused?

Answer 31

- person who has been charged w/ a crim matter

Question 32

# lesson two who are the two parties in a criminal case?

Answer 32

- pros. - acc.

Question 33

# lesson two what is the purpose of the parties?

Answer 33

- the purpose of the parties in a criminal case is to exercise 'party control'

Question 34

# lesson two define party control

Answer 34

- dec what & how they will present their case to the jury / judge to prove their case

Question 35

# lesson two what is the party control for the pros?

Answer 35

- presenting their case in a way that meets the burdern & standard of proof

Question 36

# lesson two what is the party control for the accused?

Answer 36

- remaining silent, cross-exam of wit, dec what evid to present to case doubt in the pros case &/or def their innocence

Question 37

# lesson two what is the role of the prosecution?

Answer 37

- to rep the state (vic) & bring the acc. to court to answe for their crime & seek justice for the victim/s - to do so they are resp for org & pres their case to the judge / jury w/ specific roles

Question 38

# lesson two what are the specific role to which the prosecution must present their case?

Answer 38

- discolse info to the acc. - part in the trial - sub reg sent

Question 39

# lesson two what does it mean for the prosecution to disclose info to the acc

Answer 39

- informing the acc of the evid that will be presented in court - names & statments of wit - prior conict of wit for cross-exam

Question 40

# lesson two what does it mean for the prosecution to participate in the trial?

Answer 40

- presenting an opening address to the court which outlines the charges, issues & evid that will be presented / closinf address - pres. evid that supports their case incl examination in chief - cross-exam - questioning wit called by acc

Question 41

# lesson two what does examination in chief mean?

Answer 41

- questioning their own wit. = Lay wit (who saw it happen) & exp wit (prov info based on their prof spec)

Question 42

# lesson two what does it mean for the prosecution to make submissions regarding sentencing?

Answer 42

- inform the court about any relevant matters about the offence or the offender relevant to sentencing

Question 43

# lesson two what is the role of the accused?

Answer 43

- to present theie 'side' of the case w/ support from their leg rep. - pres evid that contradicts or casts doubt over the pros. case

Question 44

# lesson two how doe the accused cast doubt on the prosecutions case?

Answer 44

- participate in the trial - make submissions regarding sentencing

Question 45

# lesson two what does it mean for the accused to participate in the trial?

Answer 45

- remain silent & do nothing if they wish - present a def

Question 46

# lesson two how does the accused present a defence?

Answer 46

- pres an opening address - summ all the evid that they will outline during trial - pres evid to supp their case -calling wit - pres evid to supp their statements - cross exam wit called by the pros

Question 47

# lesson two what does it mean for the accused to make submissions regarding sentencing?

Answer 47

- once found g, offender entit to make sub about sent - they make pres relevant inform to judge which is aimed at receiving a lighter sentence

Question 48

# lesson three (19) who are legal pracitioners?

Answer 48

- indiv = leg trained to pres. their cases, other than judges. - lawyers that hold a prac. certificate & can either on behalf of their client (acc) ot, to rep the state

Question 49

# lesson three (19) what are the types of legal practitioners?

Answer 49

- barristers - solicitors

Question 50

# lesson three (19) who are barristers?

Answer 50

- lawyers that are spec. trained to pres the case at trial - stand up & address the j & j - present evid - outline facts of the case - exam wit

Question 51

# lesson three (19) who are solicitors?

Answer 51

- lawyers that are involv in prep the case - --> locate documents, liase w/ police, obtain copies of evid, prep wit for trial, prov. barr w. instruct for trial - lawyer = indivi see for advice = 'desk based' rather than courtroom

Question 52

# lesson three (19) overall why are legal practitioners needed?

Answer 52

- needed for the acc to uphold the princ of just: f / e / a w/n the crim just system

Question 53

# lesson three (19) what are legal practitioners specifically needed for?

Answer 53

- draft docs & letters to clients - res the law & pres evid - opening & closing addresses - making evid sub

Question 54

# lesson three (19) what does it mean for legal practitionerst to be needed for drafting documentations & letters for clients?

Answer 54

- freq comm w/ clients --> gather nec info - prov leg advice - ensure all rel doc = org - sol = maintain client files by ensuring imp details & records = sec man & readily acc for dur of leg proceedings

Question 55

# lesson three (19) what does it mean for legal practitioners to research the law & present evidence?

Answer 55

- gather rel info - conduct int w/ wit - rev doc - scrut prev leg decisions (finding prec to conduct their case)

Question 56

# lesson three (19) what will be included when a barrister outlines their parties case?

Answer 56

- summ of evi they will / have pres - facts want court to accept as true based on evid - pros barr = summ leg arguments about why acc = guilty BRD -

Question 57

# lesson three (19) what does it mean for the legal practitioners to complete opening & closing addresses?

Answer 57

- the barrister will outline thier party's case at the beginning & end of the trial

Question 58

# lesson three (19) what does it mean for legal practitioners to make evidence submissions?

Answer 58

- pros & acc person's barr = make sub to judge as to whether certain evid should / should X be put before the jury - --> evid that might prej the jury (e.g. prior convic)

Question 59

# lesson three (19) what is the accuseds choice regarding self-representation?

Answer 59

- acc = choose to self-rep = summ & ind off - if acc X aff lawyer & X access VLA or rec assist req through CLC's --> may need to self-rep - acc X forced to have leg rep for their case - acc can dismiss their leg rep & choose to self-rep during trial (X precursor for an appeal)

Question 60

# lesson three (19) what does the criminal procedures act 2009 (vic) give courts?

Answer 60

- gives the courts ability to adjourn a trial for ind. off. until leg rep via VLA = prov

Question 61

# lesson three (19) wht must the court be satisfied of to adjourn a case due to legal representation?

Answer 61

- court must be sat. that ac person = X receive fair trial w/o leg rep - the BOP is on the acc to est they X afford to pay the full cost of obt leg rep

Question 62

# lesson four (20) what are the 3 factors within the criminal justice system that can influence whether the principles of justice are achieved?

Answer 62

- cost - time - cultural differences

Question 63

# lesson four (20) where do costs arise from?

Answer 63

- obtaining legal advice - sol fees - rep a client in court - barr fees to pres argu & evid in court - wit fees - payments to exp wit to chall wit stat. - delays - court backlogs --> incr fees as trial may last longer - cost to appeal - fees to file an appeal & hiring pot. more exp. leg rep to present arg for an appeal

Question 64

# lesson four (20) how can an accused recover costs?

Answer 64

- they are acquitted of the crime - found X guilty - succ appeal against a conviction

Question 65

# lesson four (20) how are costs addressed?

Answer 65

- access to VLA & CLCs - committal proceedings - plea neg.

Question 66

# lesson four (20) how does access to VLA & CLCs address costs?

Answer 66

- ongoing funding into VLA &CLCs ensure more loc & res provided for indiv to access - strict inc, m & m crit ensure most vul indiv recieve access - add res (online websites) created to cater for self-rep indiv - justice conn est fewer than 1/2 indiv that require leg hel will gain access

Question 67

# lesson four (20) how do committal proceedings address costs?

Answer 67

- use of comm for i.o. --> filtering out of weaker cases - prom early guilty plea which will resolve matter faster - decr in leg costs for acc

Question 68

# lesson four (20) how do plea negotiations address costs?

Answer 68

- allow opp for acc to discuss w/ pros a plea to less / few charges - prom early res of crim case - dec in costs for acc

Question 69

# lesson four (20) what are time factors in the legal system?

Answer 69

- concerned w/ how long crim matter is resolved & the extent of delays

Question 70

# lesson four (20) what are examples of delays within the legal system?

Answer 70

- court backlogs - caseload of vic courts cont grows - trial procedures - the Q-A process for evid during trial can take sig time to be presented - the collection of evidence to put together a convincing case - judges giving directions to juries under Juries Direction Act 2015 - mistrials --> result in re-trials being conducted - appeal judgements & sentences can be delivered

Question 71

# lesson four (20) what is the impact of delays upon victims?

Answer 71

- the longer the case is delayes --> longer the suff of the victims & their fam - in this period of limbo = X closure & X certainty the justice = served

Question 72

# lesson four (20) what is the impact of the delays upon witnesses?

Answer 72

- giving evid in crim trial = extremly stressful for wit & as such delays when awaiting this process = add to wit stress - b/c crim trials often rely on oral evidence then incr delays --> memories of wit may fade over time --> lim accuracy & rel of their statements b/c forget clarity of occ

Question 73

# lesson four (20) what is the impact of delays upon the accused?

Answer 73

- awaiting a trial w/ an outcome unresolves = stressful for acc & their fam - accused may be held in remand during this time lim their freedom / ability to work & supp their fam

Question 74

# lesson four (20) what is the impact of delays upon the community?

Answer 74

- remains at risk if those charged w/ vio offences remain in comm prior to trial such as being out on bail - more time takes to resolve a crim matt --> comm may lose faith in leg system ability to protect & keep them safe

Question 75

# lesson four (20) how is time (delays) addressed?

Answer 75

- plea negotations - judge alone trials - use of tech

Question 76

# lesson four (20) how do plea negotiations address delays?

Answer 76

- allow the acc to plead guilty - --> X trial occurs & acc can await sent - allows more eff reso of disputes

Question 77

# lesson four (20) what are judge alone trials?

Answer 77

- intro in C-19 - temp leg allowed indict matters to be heard by judge alone provided acc consented, acc obtained leg ad. & court consid it in int. of justice

Question 78

# lesson four (20) how does the use of technology address delays

Answer 78

- dig tech --> acc attend hearings remotely - acc reamin in remand & att via vid link - online Mag court program enables cases to be heard online w/ parties appearing from remote loc

Question 79

# lesson four (20) what are cultural factors?

Answer 79

- the challenges that arise for indivi w/n crim just sys arising from their race or ethnicity

Question 80

# lesson four (20) why may challenges arise because of cultural factors?

Answer 80

- each party is resp for pres & org their own case - jusge must be imp & X assist - jury = decider of facts & guilt - process leading up to trial is complicated - all procedures = conduct in eng unless interp used

Question 81

# lesson four (20) who are some groups impacted by cultrual factors?

Answer 81

- recent migrants - asylum seekers - refugees - First Nation ppl - older non-eng speaking / fluent ppl

Question 82

# lesson four (20) how are refugees and recent migrants impacted by cultural factors?

Answer 82

- eng X 1st lang - crim just sys = complx w/ leg jargon ---> t/f indiv w/ lim compreh of eng = may fail undeertand rights / court doc / court proc / Qs asked during trial rec ref = may have mistrust of poluce & crim just sys dep on past experiences of corruption in home countries or exper w/ detention in Aust

Question 83

# lesson four (20) how are First Nation people impacted by cultural factors?

Answer 83

- giving oral evid = main method used to outline info to court --> inapp for FN wit X used to this method b/c in FN cult, group agreement & long discu = way to resolve disag. & trad land --> strug w/ compreh - t/f appear dishonest & evasive in court when avoiding yes/no response --> if jury X understand nuiances --> Q trust

Question 84

# lesson four (20) what are examples of cultural taboos

Answer 84

- FN cultures = considered taboo to speak of certain things = names of dec ppl or mention gener-based knowledge in front of other gender - in other cult retelling of sex / dom abuse = consid shame on fam & highly discouraged b/c seen as dividing fam

Question 85

# lesson four (20) how are cultural differences addressed?

Answer 85

- the use of the Koori Court - interpreters - the evidence Act 2008

Question 86

# lesson four (20) what is the aim of the koori court?

Answer 86

- aims to provide more FN off w/ access to cult-relevant sent that more effectively acts to reduce reoff

Question 87

# lesson four (20) what is the koori court?

Answer 87

- crim div of MC & CC - sentencing court X trail - accused must plead guilty - sentencing proc = informal / inv opp for indiv to tell their story to elders & recieve supp of their fam - restirctions = X hear matters = sexual offences, fam vio or breach of int order

Question 88

# lesson four (20) how do interpreters address cultural differences

Answer 88

- avail for all acc persons - onus to pay & arr for an int = on courts as opposed to the acc - --> allows non-eng speakers to understand court proceedings better without having to pay sig expenses

Question 89

# lesson four (20) how does the evidence act 2008 (vic) address cultural differences?

Answer 89

- est the circum where evidence X be admitted to courts due to the acc or vic accounts being unrel as a result of lang barriers --> leg info prov through VLA & CLCs = diff lang to assist ppl in understanding their rights & leg processes

Question 90

# lesson five (21) what is the legislation that addresses sanctions and their purposes?

Answer 90

- the Sentencing Act 1991 (Vic)

Question 91

# lesson five (21) what does the sentencing act 1991 (vic) establish?

Answer 91

- est the sentencing authority of courts to impose sanctions & outlines the five purposes in which judges consider when handing down a sentence

Question 92

# lesson five (21) what are the five purposes jusges should consider when handing down a sentence?

Answer 92

- to rehabilitate the offender - to punish the offender - to deter the offender & the comm from committing the crime - to denunciate the action on behalf of the community - to protect the community from the offender

Question 93

# lesson five (21) what does rehabilitation mean?

Answer 93

- to support / restore - adopts the perspective that there is a reason / cause / 'driver' to the off actions whci hcan be 'restored' or addressed through the crim just sys - aims to provide a cure / framework of supp for the off & can be embedded w/n sanctions

Question 94

# lesson five (21) what are examples of causes to a criminal offence?

Answer 94

- lack of work opp (lim $) --> desp or bored --> stealing / selling drugs ect. - drug & or alcohol addiction - mental illness that is X addressed --> X resources to access counselling - anger --> resentment - lim edu

Question 95

# lesson five (21) what are measures to address causes for criminal offences?

Answer 95

- att edu classes whilst serving a prison sentence to incr skills - att counselling - att therapy - completion of workshops/classes

Question 96

# lesson five (21) what can successful rehabilitation lead to?

Answer 96

- greatly red the rate of recidvism (reoffending/returning to crime)

Question 97

# lesson five (21) what is the purpose punishment?

Answer 97

- to inflict pain / loss or an inconenvience to senure the off is penalized proportionally & held accoutable for thier actions. - it should take into consideration the impact of their crime on victims, their families, the nature of the offence & society - proportionally = match gravity / degree / severity / seriousness of the offence

Question 98

# lesson five (21) what are examples whereby rehabilitation may not be a priority as a purpose for a sanction?

Answer 98

- offences where victim is placed in fear - repeated offending - age, the younger the incr pospect (less fixed in way)

Question 99

# lesson five (21) what does deterrence mean?

Answer 99

- the act of discouraging an offender or other individuals from reoffending or committing sim crimes through crim sanctions

Question 100

# lesson five (21) what are the two types of deterrence?

Answer 100

- specific deterrence - general deterrence

Question 101

# lesson five (21) what does specific deterrence target?

Answer 101

- ragets the offender & attempts to discourage them from reoffending

Question 102

# lesson five (21) what does general detterence target?

Answer 102

- targets the community - by seeing what sanctions the offender has recieved for their offence this will hopefully discourage others from committing the same action

Question 103

# lesson five (21) what does denunciation mean?

Answer 103

- to publicaly condemn an offender's behav / to show society's disapproval - court denounces off actions --> highlights extent to which off = violated moral & eth standards of society - can occur during judeg's statement at end of hearing / trial

Question 104

# lesson five (21) what does protection refer to?

Answer 104

- to ensure off X pose a sig risk to welfare & safety of their victims & broader soc

Question 105

# lesson five (21) what are examples of sanction to protect the community?

Answer 105

- imprisonment - whereby off = removed from comm & held in cust. until a non-p period is achieved - CCO - conditions of comm corr - prev off from visiting certain places, a curfew or bond payment that is forfeited upon the contravention of CCO

Question 106

# lesson six (22) what is the legislation that outlies the types of sanctions?

Answer 106

- the sentencing act 1991 (vic) - --> outlines the types of sanctions that judges can impose after the accused has pleaded guilty or found guilty

Question 107

# lesson six (22) what is the purpose of the sentencing act 1991 (vic)?

Answer 107

- promote consistency - provide dair & transparent procedures - prevent crime & promote respect for the law

Question 108

# lesson six (22) what is a fine?

Answer 108

- a sanction that requires the offender to make a monetary payment as a penalty for a criminal offence - cal. based upon penalty unites / 1 pu = $192.31

Question 109

# lesson six (22) what factors are considered for the amount given within a fine?

Answer 109

- purpose the court wishes to achieve (e.g. deter / punish) - agg & miti factors - offender ability to pay the fine

Question 110

# lesson six (22) where does the money from fines go?

Answer 110

- to govt, to court funds to resource charities or leg resources

Question 111

# lesson six (22) what is a community corrections order (CCO)?

Answer 111

- a non-cust order by the court that allows the offender to remain w/n the comm w/ certain conditions attached

Question 112

# lesson six (22) when can a CCO be imposed?

Answer 112

- the offence = punishable by 5 pu or more e.g. posting bills / posters, disorderly conduct, wilful damage to prop - when judge believes a fine alone is X approp - off agreed to CCO

Question 113

# lesson six (22) what is the duration of a CCO?

Answer 113

- single offence = max = 2 yrs - mult offences = up to 5 yrs

Question 114

# lesson six (22) what are the conditions of a CCO?

Answer 114

- CCO include standard cond & add cond - breaching CCO cond = offence carrying max pen of 3 mths impris

Question 115

# lesson six (22) what are CCO standard conditions?

Answer 115

- X reoffend during the duration of the CCO - X leave vic w/o perm - notify CCO sup if change of address - comply w/ dir given by CCO

Question 116

# lesson six (22) what are additional CCO conditions?

Answer 116

- compl 600 hrs comm serv - abiding curfew - undertake med treatment of rehab prog for dr & alco addic - avoiding contact w/ part person incl an accomplice - staying away from part place / sub - ankle monit - X consume alco or attend lic venues = bars / nightclubs

Question 117

# lesson six (22) what is imprisonment?

Answer 117

- a sanction that removes an off from comm & places them in priosn for a given period of time - prison term = min period of impris after which apply for parole

Question 118

# lesson six (22) what is parole?

Answer 118

- the early release of a prisoner after their min term is served which is subject to superv & cert condi

Question 119

# lesson six (22) what are concurrent sentences?

Answer 119

- a sentence of impris or detention that is served at the same time as another when the off is convicted of more than one crime - e.g. 3 yrs impris for all the offences that they were charged w/

Question 120

# lesson six (22) what are cumulative sentences?

Answer 120

- a sent of impris or deten that is served one after the other - e.g. sentence for the 2nd offence begins after the completion of the last

Question 121

# lesson six (22) what are the conditions of imprisonment?

Answer 121

- loss of personal freedom - inability to see fam & friends other than through visitation - loss of inc & job pros - programs w/n prisons = aim to address causes for off (coun / dr & alco prog = combat addic) - pris = learn new skills = tafe quali whilst in cust - pris = work w/n prison = kitchen / laundry - h/w despite this vic recid rate = 43.3% off reoff w/n 2 yrs

Question 122

# lesson seven (23) what are aggravating factors?

Answer 122

- facts, circum about the offender or, the offence that tends to incr. the off culp & likely sent they will receive - gen reflection of off 'evil' / 'heinous' nature or degree of harm resulting from the offence

Question 123

# lesson seven (23) what are examples of aggravating factors?

Answer 123

- whether crime = planned / premed - hate crimes = resulting from prej towards part group based on eth / rel - degree of brut & cru / off = unprov / inv dom vio - vict = part vul person = child / elderly / w/ disab - off = prior convic - off took place whilst off = bail / serving CCO - crime comm in front of child

Question 124

# lesson seven (23) what are mitigating factors?

Answer 124

- circumstances that court should consider when determining the approp sentence - circumstances relevant to off, victim or crime itself - may decr off culp & lead to red in sent

Question 125

# lesson seven (23) what are examples of mitigating factors?

Answer 125

- gen remorse - crime = result of prov - age of off --> younger = less mature & more cap of rehab - traumatic pers history (e.g. growing up surr by fam viol / dr addic & alcoho) - lim / X prior convic - coop w/ police - off pleaded g early - inj / harm = X subst / X risk to any ppl

Question 126

# lesson seven (23) what is a guilty plea?

Answer 126

- occurs when a person admits they have committed an offence for which they have been charged - an acc who is charged w/ mult offences may choose to plead to some / all charges - g p during pre trial (comm) --> X trial - gp during trial & acc --> sent & trail = adj

Question 127

# lesson seven (23) what is a sentencing discount?

Answer 127

- a red in off sent that they receive for pl g - some circ = court must state sent imposed & what sentence would have beem if acc X pl g = transp

Question 128

# lesson seven (23) what are the benefits of a guilt plea for the prosecution?

Answer 128

- X have to prove guilt of acc

Question 129

# lesson seven (23) what are the benefits of a guilt plea for society?

Answer 129

- saves $ & time incolved in conducting a trial

Question 130

# lesson seven (23) what are the benefits of a guilt plea for the victims?

Answer 130

- avoids the stress & trauma involved in going to trial

Question 131

# lesson seven (23) what are the benefits of a guilt plea for he accused?

Answer 131

- avoids stress, time & $ inv in crim trial

Question 132

# lesson seven (23) what are the benefits of a guilt plea for the courts?

Answer 132

- workloads = red ---> min delays in other crim matter that go to trial

Question 133

# lesson seven (23) what is a victim impact statement?

Answer 133

- VIS = written or verbal statement made to a court about the effect of the offence on the victim

Question 134

# lesson seven (23) what may a VIS include?

Answer 134

- physical impacts - degree of injury - emotional loss - fin loss - incorp photographs to demon extent of loss

Question 135

# lesson seven (23) who may a VIS be given by?

Answer 135

- those diectly impacted by offence e.g. person hit during assault - those X directly impacted including vic fam memb

Question 136

# lesson seven (23) what is the purpose of a VIS?

Answer 136

- to inform the court / sent judge of the severity of the off - if indicated the crim = sig impact on vict --> incr sev of sanction imposed - indic victim forgive off --> less severe sanction