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Sentencing (WEEK 1 (The Australian Sentencing Landscape, Relevant Statutes…
Sentencing
WEEK 1
The Australian Sentencing Landscape
Relevant Statutes
Key features if sentencin law
Theories of punishment
Sentencing objectives in Australia
Chapter 1 and 2
WEEK 7 MITIGATING FACTORS
Mitigating factors
s5 sentencing guidelines & section 6
A. Offenders response to charge
guilty plea
co-operation with police/authorities
remorse
voluntary disclosure of crime/cessation of offending
B. Eplantion of offending
mental impairment
drug/alcohol/gambling addiction
deprived upbringing
CHapter 9 &10
D. Incidental hardships
prison conitions
forfeiture orders
3.poor/health/illness
loss of employment
public opporbrium
restitution
C. Personal features
youth
old age
prospects of rehabilitation
E. Circumstances related to offending
consent to crime
forgiveness of victim
duress in committing offence
provocation
delay
injury against commission of offence
Week 2
Judicial reasoning in sentencing - instinctive synthesis
Sentencing Statistics
Guideline judgements
Standard Penalties
Chapter 3
WEEK 7 ABORIGINALITY
History of Sentencing
Chapter 10
Constext/history
Sentencing issues
Current Methadology
WEEK 8
Intermediate sanctions
Imprisonment
The nature of criminal sanctions
Discharges, bonds, fines and disqualifications
Chapter 11& 12, 13 & 14 and 15
WEEK 3
Sentencing hearings: procedural and evidential matters
Sentencing appeals
How the sentencing process works
Chapter 4 nd 5
WEEK 6
Aggravating Factors
level of planning and premeditation by an offender
crimes agains emergency workers
use of violence or weapon
prior criminality
subsequent offending
Substantial damage to property
Type of victim
Crimes against women/Children
Crimes against judicial offences
Degree of planning
Offences committed while on bail/parole
Offences committed with others (gangs)
Breach of trust
Prevalence
Chapter 8
Non-aggravating
Community expectations
Failure to make total restitution
Week 5
Principle of Proportionality
Main objectives of the sentencing
Just Punishment
Deterrence - specific and general
Specific deterrnece
General deterrence
Rehablitation
Community Protection
Incapacitation
Denounce criminal activity
WEEK 9 Sentencing Reform