Determining Sentence Flashcards
(12 cards)
What must a court assess to determine the seriousness of an offence under section 63 SA 2020?
A. Age of the offender
B. The volume of evidence
C. Culpability and harm
D. Remorse of the defendant
C. Culpability and harm
Explanation: Section 63 mandates that courts assess culpability and harm when determining seriousness.
What must be considered before imposing a community order under section 204 SA 2020?
A. That the offence is serious enough to warrant it
B. That the offender has previous convictions
C. That the court prefers not to impose custody
D. That a Newton hearing has occurred
A. That the offence is serious enough to warrant it
Explanation: The community threshold is only met if the offence is serious enough to justify the order.
What is the highest possible sentence reduction for an early guilty plea?
A. One quarter
B. One third
C. One half
D. One tenth
B. One third
Explanation: A guilty plea at the first stage earns a maximum of one-third sentence reduction.
What is the main purpose of a Newton hearing?
A. To resolve factual disputes after a guilty plea
B. To assign a trial date
C. To determine admissibility of evidence
D. To apply sentencing discounts
A. To resolve factual disputes after a guilty plea
Explanation: A Newton hearing determines the factual basis for sentence where facts are disputed post-plea.
A court cannot pass a custodial sentence unless:
A. The offence is so serious that neither a fine nor community order is justified
B. A guilty plea was entered late
C. The defendant has multiple prior convictions
D. The court feels like it
A. The offence is so serious that neither a fine nor community order is justified
Explanation: Under s230 SA 2020, a custodial sentence is only justified if no lesser sentence suffices.
Which of the following is a mitigating factor in sentencing?
A. Use of a weapon
B. Commission of offence while on bail
C. Genuine remorse
D. Aggravated offence
C. Genuine remorse
Explanation: Demonstrating remorse can reduce the severity of the sentence.
A judge sentencing a defendant for multiple offences should apply which principle?
A. Accumulation
B. Totality
C. Repetition
D. Substitution
B. Totality
Explanation: Totality ensures the final sentence is just and proportionate when sentencing for multiple offences.
When must a pre-sentence report be obtained?
A. Before trial
B. After appeal
C. When sentencing in the Crown Court only
D. Before imposing a custodial or community sentence unless unnecessary
D. Before imposing a custodial or community sentence unless unnecessary
Explanation: Section 30 SA 2020 requires this unless the court finds it unnecessary.
What factor could increase the sentence for a theft offence?
A. The victim was vulnerable
B. The property was returned
C. The offender was coerced
D. There was no financial loss
A. The victim was vulnerable
Explanation: Vulnerable victims increase the seriousness of an offence and act as an aggravating factor.
If a court is unsure whether an agreed basis of plea affects sentence materially, what should it do?
A. Hold a Newton hearing
B. Sentence on prosecution facts
C. Dismiss the case
D. Reduce the sentence by half
A. Hold a Newton hearing
Explanation: A Newton hearing resolves whether disputed facts would materially affect sentence.
Which statement is true regarding the use of sentencing guidelines?
A. They are optional in the Crown Court
B. They only apply in the magistrates’ court
C. Judges can always ignore them
D. Courts must follow them unless it would be unjust
D. Courts must follow them unless it would be unjust
Explanation: Courts are bound by guidelines unless following them would result in injustice.
What happens if a defendant pleads guilty on the day of trial?
A. Sentence may be reduced by up to one-tenth
B. Sentence is increased automatically
C. Court must order a retrial
D. Full credit of one-third still applies
A. Sentence may be reduced by up to one-tenth
Explanation: A late guilty plea results in reduced credit, typically up to 10 percent.
