Podcast
Questions and Answers
In NSW and Victoria, what are the primary statutes that govern the sentencing procedures in criminal cases?
In NSW and Victoria, what are the primary statutes that govern the sentencing procedures in criminal cases?
- Evidence Act 1995 (NSW) and Crimes Act 1958 (Vic)
- Crimes Act 1900 (NSW) and Criminal Procedure Act 2009 (Vic)
- Criminal Code Act 1995 (Cth) and Sentencing Act 1991 (SA)
- Crimes (Sentencing Procedure) Act 1999 (NSW) and Sentencing Act (Vic) (correct)
What is the role of victim impact statements during a sentencing hearing?
What is the role of victim impact statements during a sentencing hearing?
- To negotiate the terms of the offender's parole.
- To determine the guilt or innocence of the offender.
- To offer a personal account of how the crime has affected the victim. (correct)
- To provide legal advice to the judge regarding sentencing options.
Which of the following is an example of a community-based order a judge might impose?
Which of the following is an example of a community-based order a judge might impose?
- Enrolment in recreational sports activities.
- Regular attendance at social gatherings.
- Mandatory contribution to a political party.
- Performing unpaid community work. (correct)
How does the principle of totality influence sentencing when an offender is convicted of multiple offenses?
How does the principle of totality influence sentencing when an offender is convicted of multiple offenses?
What does the principle of parsimony suggest about the severity of a sentence?
What does the principle of parsimony suggest about the severity of a sentence?
What is the main function of a non-parole period within a prison sentence?
What is the main function of a non-parole period within a prison sentence?
How do specialist 'problem-solving' courts, such as Drug Courts, differ from traditional courts in their approach to sentencing?
How do specialist 'problem-solving' courts, such as Drug Courts, differ from traditional courts in their approach to sentencing?
What is the purpose of initiatives like the Koori Court in Victoria and Circle Sentencing in New South Wales?
What is the purpose of initiatives like the Koori Court in Victoria and Circle Sentencing in New South Wales?
Which of the following accurately describes the relationship between mitigating factors and the sentencing decision?
Which of the following accurately describes the relationship between mitigating factors and the sentencing decision?
If a judge dismisses a charge without recording a conviction, what is the immediate legal consequence for the accused?
If a judge dismisses a charge without recording a conviction, what is the immediate legal consequence for the accused?
Which sentencing purpose aims to express societal disapproval of an offender's conduct?
Which sentencing purpose aims to express societal disapproval of an offender's conduct?
How does pressure from the legislature impact the general principles that shape sentencing decisions?
How does pressure from the legislature impact the general principles that shape sentencing decisions?
How does parole affect a prisoner's sentence?
How does parole affect a prisoner's sentence?
What distinguishes Drug Courts from traditional courts in addressing drug addiction among offenders?
What distinguishes Drug Courts from traditional courts in addressing drug addiction among offenders?
What is the relationship between the severity of a crime and the sentence imposed, according to general sentencing principles?
What is the relationship between the severity of a crime and the sentence imposed, according to general sentencing principles?
In a sentencing hearing, what type of information is the prosecution typically permitted to present?
In a sentencing hearing, what type of information is the prosecution typically permitted to present?
What is the primary purpose of specifying non-parole periods when sentencing someone to imprisonment?
What is the primary purpose of specifying non-parole periods when sentencing someone to imprisonment?
How do initiatives like Circle Sentencing in New South Wales aim to improve the justice system for Indigenous offenders?
How do initiatives like Circle Sentencing in New South Wales aim to improve the justice system for Indigenous offenders?
What is the role of the judge in a sentencing hearing?
What is the role of the judge in a sentencing hearing?
Which of the following is NOT a typical consideration when determining a sentence?
Which of the following is NOT a typical consideration when determining a sentence?
Flashcards
Sentence (legal)
Sentence (legal)
An order made by a judge stating what must be done by or to a person found guilty of a crime.
Sentencing Hearing
Sentencing Hearing
A hearing where the offender can present mitigating factors before a sentence is decided.
Victim Impact Statements
Victim Impact Statements
Statements from victims detailing how the offense affected them, presented during sentencing.
Community-Based Orders
Community-Based Orders
Signup and view all the flashcards
Proportionality (sentencing)
Proportionality (sentencing)
Signup and view all the flashcards
Totality Principle
Totality Principle
Signup and view all the flashcards
Parsimony (sentencing)
Parsimony (sentencing)
Signup and view all the flashcards
Non-Parole Period
Non-Parole Period
Signup and view all the flashcards
Parole
Parole
Signup and view all the flashcards
Problem-Solving Courts
Problem-Solving Courts
Signup and view all the flashcards
Drug Courts
Drug Courts
Signup and view all the flashcards
Study Notes
- After an accused is found guilty, the next stage is sentencing.
- Sentencing in New South Wales and Victoria is governed by the Crimes (Sentencing Procedure) Act 1999 (NSW) and the Sentencing Act (Vic).
- A sentence is a judge's order for a person found guilty of a crime to do something or have something done to them.
- The trial judge usually makes the sentencing order.
- A sentencing hearing typically occurs before the sentencing order, where the offender can submit mitigating factors.
- The offender may call evidence at a sentencing hearing.
- The prosecution can make submissions and tender evidence, including victim impact statements.
- Modern criminal courts possess a wide range of sentencing options.
- Sentencing options include imprisonment and fines.
- Other options include community-based orders with conditions like unpaid community work, treatment and rehabilitation, curfew, non-association orders, and residence restrictions.
- A sentencing judge has the discretion to dismiss a charge without recording a conviction.
- Sentencing orders can serve purposes such as retribution, deterrence, community protection, rehabilitation, and denunciation.
- A general principle dictates that the severity of a sentence should be proportionate to the crime's seriousness.
- When sentencing an offender for multiple offenses from one set of facts, courts consider the overall effect of the sentences imposed.
- This allows for concurrent serving of sentences, at least in part, rather than consecutive.
- Sentencing should be parsimonious, meaning no more severe than necessary to achieve its purpose.
- Legislature may pressure judges to prioritize community protection, general deterrence, or denunciation.
- Non-parole periods are usually specified when an offender is sentenced to imprisonment.
- Parole is the conditional release of a prisoner before the end of their maximum term.
- A non-parole period is the minimum term of imprisonment, before which the offender cannot be granted parole.
- Courts and legislatures are showing a willingness to adopt more innovative approaches to sentencing.
- Specialist 'problem-solving' courts, like Drug Courts, have broader powers and flexible procedures.
- Drug Courts make drug treatment orders and have a more supervisory role in the offender's rehabilitation.
- The Koori Court in Victoria and Circle Sentencing in New South Wales are ways the criminal justice system addresses the problems and disadvantages faced by Indigenous offenders.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
