Flashcards in Sentencing Principles Deck (10):
So serious that neither a fine or a community sentence can be justified.
Serious enough to warrant such a sentence
The sentencing options for the mags are
Where the mags are considering a custodial/community sentence they...
Must wait for a PSR.
The sentencing procedure is
1. P opens the facts
2. P provides antecedents.
3. P may apply for costs
4. Mitigation & D's costs
Where D wishes to pleads guilty to a version of events not accepted by P the options are
1. Court accepts D's version of events.
2. A newton hearing.
3. P may add a count to the indictment and empanel a jury.
At a Newton hearing who bears the burden
P bears the burden beyond reasonable doubt
Who bears the responsibility to alert the court to the need for a Newton
P's role at a sentencing hearing is
1. To open the facts.
2. Outline aggravating & mitigating factors
3. State relevant statutory provisions
4. Sentencing guidlines
5. Views of V
6. Application for costs or ancillary orders.