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Aproaching Sentencing - Coggle Diagram

- - - - 2 - Imprisonment as a last resort
        
        3 - Parity
        
        4 - The Di Simoni Principle
        
        5 - Totality
        
        Johnson v the Queen – stated that judges “must look at the totality of the criminal behaviour and ask itself what is the appropriate sentence for all the offences,” meaning that the judge must sentence the offender to a sentence which focuses entirely on the offence for which he was convicted and is appropriate given the circumstances, specifically the prevalence of drugs and questions regarding the mental stability of the accused.
        
        translates to the idea of sentencing offenders only for the offence of which they are convicted – court imposing a sentence  entitled to consider all of the conduct of the accused – including that which would aggravate the offence
        
        cannot take into account circumstances of aggravation which would have warranted a conviction for a more serious offence, as per section 21A(4) CSPA – prohibits a court from taking into account circumstances of aggravation or mitigation if it would be contrary to any Act or rule of Law to do so
        
        Relates to the relative or due proportionality between the sentence imposed on co-offenders – like conduct is treated as such – due allowance is made for differences between offenders
        
        Lee v R; outlined that offenders treated in a like manner also allows for different sentences to be imposed upon like offenders to reflect different degrees of culpability and/or different circumstances
        
        Expressed in statue under section 5 of the Crimes Sentencing Procedure Act – provisions tattes that “must not sentence an offender to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate’
        
        R v Zamagias - established that the court must engage in three step process:
        1) Determine that no other penalty in the circumstances is appropriate
        2) Determine the length of the sentence without consider what form the custodial term may take
        3) decide whether or not the sentence should be a full- time detention or an alternative to a full time --> suspended sentence, intensive correction order or home detention
      - o General rule – states that sentence should never exceed that which can be justified as appropriate or proportionate to the gravity of the crime considered in the light of its objective circumstances (Veen v The Queen
  - - - what is the maximum penalty for the specific offence?
        
        Aggravating Factors 21(A)(2) of the CSPA which ones are applicable to the scenario at hand?
        
        Mitigating Factors 21(A)(3) of the CSPA which ones are applicalbe to the scenario at hand?
        
        Other things to factor in the determination: Section 3A(1) allows for the considerion of any other objective or subjective factor that affects the relative seriousness of the offence