Sentencing Flashcards
What are the purposes of Sentencing under S3A of the Crimes Sentencing Procedure Act?
A) Ensure Punishment
B) Prevent Crime by deterring the offender
C) Protect the Community
D) Rehabilitation
E) Accountability
F) Denounce conduct
G) Recognise harm done to Victim and Community
What are the factors under S21A(2) of the Crimes Sentencing Procedure Act? What level of proof do these need to meet?
Aggravating Factors, these need to be proved beyond a reasonable doubt.
(a) Offence arose because of the victim’s occupation (i.e. police officer) o (b) Use of violence
(c) Use of weapon
(ca) Use of explosives/chemicals
(cb) Cause victim to be or accused is under the influence of alcohol/drugs o (d) Record of previous convictions
(e) In company
(ea) In the presence of a child
(eb) committed in the home of the victim o (f) gratuitous cruelty
(g) substantial injury, harm, loss or damage o (h) motivated by hatred
(i) without regard for public safety
(ia) risk to national security
(ib) grave risk of death to another
(j) offender was on conditional liberty (i.e. bail, parole) o (k) abused a position of trust
(l) victim was vulnerable
(m) involved multiple victims
(n) organised criminal activity
(o) financial gain
(p) prescribed traffic offence committed while child a passenger
What are the factors under S21A(3) of the Crimes Sentencing Procedure Act? What level of proof do these need to meet?
These are mitigating factors and only need to be proved on the balance of probabilities:
a) injury, harm, loss or damage not substantial
(b) not a organised criminal activity
(c) provoked
(d) under duress
(e) no criminal record
(f) good character
(g) unlikely to reoffend
(h) good prospects of rehabilitation
(i) shown remorse
(j) not fully aware of the consequences
(k) plea of guilty
(l) pre-trial disclosure
(m) assisted law enforcement
What is the Section 5 Threshold as per the Crimes Sentencing Procedure Act?
Full time imprisonment (cannot impose unless it has considered all possible alternatives and no other penalty is appropriate)
What is the time limit on a CRO as per S9 of the Crimes Sentencing Procedure Act?
2 years
Can the court give a fine and impose a CRO (S9 CSPA).
No
What are the conditions of a CRO as per S9 of the Crimes Sentencing Procedure Act.
- STANDARD Conditions (s98)
not commit any offence
must appear before the court if called on to do so - None or any ADDITIONAL Condition (s 99)
Rehab or Treatment
Abstention from Alcohol or Drugs
Non-association
Place Restriction - None or Any FURTHER Conditions (s99A) - any conditions at all which it considers appropriate in circumstances.
Does a CCO (S8 CSPA) carry a conviction?
What is the maximum time limit for a CCO?
Can the court impose a CCO and a fine?
A CCO always carry’s a conviction
3 year time limit
Can impose a fine and a CCO
What are the conditions of a CCO (S8 CSPA)?
- STANDARD Conditions (s88)
not commit any offence,
must appear before the court if called on to do so - None or any ADDITIONAL Condition (s 89)
curfew (not more than 12 hours)
Community Service(<=lesser 500 hrs or regs)
Rehab
Abstention
Non-Association
Place restriction
Supervision - None or Any FURTHER Conditions (s90) - any conditions at all which it considers appropriate in circumstances
What is the time limit on the ICO’s as per S7 of the (CSPA)
What is required for a ICO to be considered?
Time limits;
2 years for 1 offence
3 years aggregate
Requirements:
Sentencing Assessment Report
S5 Threshold crossed.
What are the conditions of an ICO (S7 CSPA)?
- STANDARD Conditions (s73)
not commit any offence,
submit to supervision by a CCOff - At least one ADDITIONAL Condition (s73A) (or reasons recorded)
Place Restriction
Abstention
Rehab
Non-Association
Curfew (no more than 12 hours)
Community Service Work (Less than 750 hours)
Home detention
Electronic Monitoring - None or Any FURTHER Conditions (s73) - any conditions at all which it considers appropriate in circumstances
What is the relevant case law in regards to Barbara V The Queen?
The prosecution are not to submit on range of sentences. Prosecution are not to act as surrogate judge.
What powers do prosecutor’s have under S134 of LEPRA?
The power to request the court make orders for finger prints and photographs at the end of a proceeding.
List the range of sentences from Lowest to Highest
Sentencing Options (From Least to Most Serious)
Section 10(1)(a) – Non-conviction and dismissal
Section 10(1)(b) – Non-conviction and Bond
Section 10A – Conviction recorded only with no other penalty
Fine
CRO
CCO
ICO
