L21- Sentencing Flashcards
(15 cards)
Where can you find the purposes for sentencing?
Section 5(1) Sentencing Act 1991
Bonus round, purposes are:
- Punish
- Deter
- Rehabilitation
- Denunciation
- Protect
- Combination (of 2 or more).
Where can you find sentencing considerations?
Section 5(2) Sentencing Act 1991
Is a plea of guilty a sentence consideration?
Yes, if and at what stage the accused plead guilty bears weight on the sentencing consideration.
Can you take into account whether the accused will be subject to SORA reporting obligations as part of his/her sentencing?
No. Section 5(2BC) Sentencing Act 1991 states that we must NOT have regard to any consequences arising from the SORA 2004 or the Working with Children Act 2005.
The court (MUST or MAY) have regard to the effect of any forfeiture provisions (not including property derived realised or substantially derived from offending)?
MAY - ss 5(2A) and 5(2B) Sentencing Act 1991
Is it standard practice to try and make offenders take punishments larger than necessary to teach them a lesson?
No, Section 5(3) Sentencing Act 1991 provides:
A court must not impose a sentence that is more severe than that which is necessary to achieve the purpose or purposes for which the sentence is imposed.
What are the different types of sentences?
- Imprisonment
- Community Corrections Order
- Fines
- Adjourned Undertaking (GBB)
- s 73 and s 76 dismissal.
Section 7 Sentencing Act 1991 has full list.
What is a Section 73 dismissal?
A Court may discharge a person whom it has convicted of an offence.
What is a Section 76 dismissal?
A court, on being satisfied that a person is guilty of an offence, may (without recording a conviction) find the charge proven and dismiss the charge.
Does having the charge dismissed (eg: for a traffic matter) mean that the accused does not lose demerit points?
No, you will still lose demerit points.
Where can you find parameters re. Community Corrections Orders?
Section 37 Sentencing Act 1991
When can a court make a Community Corrections Order?
A court may make a CCO if:
- Offender convicted or found guilty of offence punishable by more than 5 penalty units.
- Court received pre sentence report (if required) and has had regard to to any recommendations, information or matters identified in the report; and
- The offender consents.
CCO lengths?
S 38(2) must not be longer than:
(i) in respect of one offence, 2 years; or
(ii) in respect of 2 offences, 4 years; or
(iii) in respect of 3 or more offences, 5 years (s 38(1))
When must a CCO commence?
No later than 3 months after the making of the order.
When can the court order an intensive compliance period?
If CCO is longer than 6 months.
Section 39.
