LEGAL Unit 1 AOS 3: Sanctions

Question 1

What is the role of the jury?

Answer 1

To determine the final verdict of a case when the accused of an indictable offence pleads not guilty

Question 2

What are the main types of sanctions?

Answer 2

• Fines: Monetary penalty paid by the offender to the state of Victoria in a number of penalty units
• Community Correction Order: Requires offender to comply with certain conditions whilst remaining in society
• Imprisonment: Removal of the offender from society into a security facility

Question 3

What are the purposes of sanctions?

Answer 3

1. Punishment: Penalise the offender, allowing the victims and their families feel justice
2. Rehabilitation: Help the offender become better people
3. Deterrence: Prevent other people/the offender from committing the same crime
4. Denunciation: The judge making a statement with the sentence to send a strong message that the behaviour is not tolerated
5. Protection: Protect the community from the offender and similar crimes

Question 4

What purposes are fulfilled with fines?

Answer 4

• Punish the offender with monetary loss
• Deter offender from committing further crimes
• Deter general community from committing similar crimes
• Denouncing the crime (if fine is very high)

Question 5

What purposes are fulfilled with CCOs?

Answer 5

• Punish the offender with some loss of freedom
• Deter offender and general community
• Rehabilitation (if a program is involved)
• Protect society as the offender is busy doing something else

Question 6

What purposes are fulfilled with imprisonment?

Answer 6

• Protect the community from the offender
• Punish the offender with complete loss of freedom
• Deterrence and denunciation
• Rehabilitation (if a program is involved)

Question 7

What are aggravating factors that increase the sentence?

Answer 7

• Nature and gravity of offence on high end of scale of seriousness
• Prior offending
• Impact of the offence on the victim
• Injury, loss or damage as a result of offence
• Other factors: Use of violence or explosives, committed in front of children, motivated by hatred or prejudice, offender in a position of trust and breaching that trust

Question 8

What are mitigating factors that decrease the sentence?

Answer 8

• Nature and gravity of offence on low end of scale of seriousness
• Early guilty plea
• Lack of prior offending
• Genuine show of remorse
• Other factors: Acting under duress, good rehabilitation prospects, personal factors of the offender, lack of injury or harm caused

Question 9

What are the different alternative sentencing approaches?

Answer 9

Drug Court and Koori Court

Question 10

What are the strengths of the Drug Court?

Answer 10

• Addresses underlying cause of drug/alcohol dependency
• Avoids effects of imprisonment
• Provides ongoing support and supervision
• Breaks the cycle of offending

Question 11

What are the weaknesses of the Drug Court?

Answer 11

• Not every offender eligible to be sentenced (appropriate sentence no more than 2 years, or 4 years in the County Court)
• Not always successful in rehabilitation
• Limited capacity in accepting offender
• Expensive to establish

Question 12

What are the strengths of the Koori Court?

Answer 12

• Allows avoidance of criminal records
• Saves court resources
• Provides offenders with access to assistance such as rehabilitation
• Can involve victims and reduces reoffending

Question 13

What are the weaknesses of the Koori Court?

Answer 13

• Limited to certain offenders and offences
• Effectiveness depends on the offender
• Prosecution can prohibit participation
• May be seen as a soft option for punishing offender