Sanctions - Presentation
sanctions_and_outcomes.pptx | |
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Criminal Convictions
It is extremely serious for a person to have a conviction recorded against their name, as they then have a criminal record, which can have long-term consequences. The courts therefore endeavor, where appropriate, to provide a sentence without a conviction recorded, especially for young people. However, the court keeps records of any guilty finding, which can be referred to by the police in the future and should be disclosed when applying for a job.
Important Legislation Guiding Sentencing
http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/sa1991121/The Sentencing Act 1991 (Vic) is the key legislation guiding sentencing in Victoria. It sets out:
Drugs, Poisons and Controlled Substances Act 1981 (Vic) Identifies drug-related offences and their maximum penalties
Road Safety Act 1986 (Vic) sets out driving offences.
- the purpose of sentencing
- the hierarchy of sentencing options (organised from least severe to most severe)
- the factors a court considers when sentencing.Crimes Act 1958 (Vic), which identifies the most serious offences (indictable offences) and states the maximum terms of imprisonment.
Drugs, Poisons and Controlled Substances Act 1981 (Vic) Identifies drug-related offences and their maximum penalties
Road Safety Act 1986 (Vic) sets out driving offences.
Types of Sanction
Purposes of Criminal Sanctions
Punishment
- Retribution for society – revenge against the offender
- Allows the victim and society to feel avenged
- Discourage the offender (specific deterrence) or other people (general deterrence) from committing similar crimes
- Assist offenders to change attitudes and be treated
- Shows the disapproval of the court of the conduct
- Care for the community/society by removing the offender or keeping them busy
Suspended Sentences
A suspended sentence is where an offender is convicted and sentenced to imprisonment, but the jail term is suspended as long as the offender does not re-offend.
With the passing of the Sentencing Further Amendment Act 2011 suspended sentences for convictions in the Supreme Court and County Court for serious offences were scrapped.
In 2013, the Sentencing Amendment (Abolition of Suspended Sentence and Other Matters) Act was passed. This Act provides that suspended sentences were abolished no later than 1 September 2014 in the Magistrates Court.
With the passing of the Sentencing Further Amendment Act 2011 suspended sentences for convictions in the Supreme Court and County Court for serious offences were scrapped.
In 2013, the Sentencing Amendment (Abolition of Suspended Sentence and Other Matters) Act was passed. This Act provides that suspended sentences were abolished no later than 1 September 2014 in the Magistrates Court.
Sentencing Legislation
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Now in its sixth edition, A Quick Guide to Sentencing explains the where, when, what and how of sentencing in Victoria. The Quick Guide has been updated to reflect recent changes to sentencing law in Victoria.
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Cardinal George Pell's full sentencing, as issued by Chief Judge Peter Kidd
Warning: Contains details that may distress some readers.
A really thorough explanation of the Judge's considerations when making a sentence, although please be aware that it contains descriptions of the crimes committed.
A really thorough explanation of the Judge's considerations when making a sentence, although please be aware that it contains descriptions of the crimes committed.
www.abc.net.au/news/2019-03-13/george-pells-full-sentencing,-as-issued-by-peter-kidd/10897650
Full Video
Full Video