AOS 3

• Purposes of sanctions

  1. Rehabilitate
  2. Punish
  3. Protect
  4. Denunciation
  5. Specific deterrence
  6. General deterrence
• Protect - can't continue to harm people
• Deter - prevent from committing
• General deterrence - public
• Denunciation (moral)

  Message to community behaviour is wrong and shameful
• Prison - taken into custody and take away freedom
• Fines - money goes to Government
• Community corrections order - sanction that can be served in the community
• CCO

  Core conditions:

  • Not reoffend
  • No leaving state
  • Reporting to corrections officer
• CCO

  Flexible conditions:

  • No drinking or drugs
  • Curfew
  • Not to associate with certain people
  • Rehab
• Sentencing factos

  1. Aggravating
  2. Mitigating
• Aggravating factors - anything that makes the sentence higher
• Mitigating factors - anything that makes a sentence lower
• Aggravating factors

  • hate crime
  • repeat offence
  • on a cco
  • if crime committed in authority position
• Mitigating factors:

  • co-operation
  • remorse
  • guilty plea (early)
  • first offence
• Victim impact statement - victim writes a letter to the judge, most likely to be aggravating factor
• Jurisdiction - the right or power of a court to apply the law and hear cases
• Original jurisdiction - court hears a case for the first time
• Appellate jurisdiction - court to hear a case on appeal
• Magistrates court:

  Original jurisdiction

  • Summary offences
  • Indictable offences heard summarily
  • Commital proceedings
  • Bail and warrant applications
• Magistrates court:

  NO appellate jurisdiction
• County court:

  Original jurisdiction

  • Indictable offences
• County court

  Appellate jurisdiction

  • From the magistrates court on a conviction or sentence
• Supreme court - trial division:

  Original jurisdiction:

  • Serious indictable offences - murder/manslaughter
• Supreme court - trial division

  Appellate jurisdiction

  From the magistrates court with questions on a point of law
• Supreme court - court of appeal

  NO original jurisdiction
• Supreme court - court appeal

  • All appeals from county and supreme court trial division
  • From the magistrates court if the chief magistrate decided the case