Sentencing Principles

Question 1

Custody Threshold

Answer 1

So serious that neither a fine or a community sentence can be justified.

Question 2

Community Threshold

Answer 2

Serious enough to warrant such a sentence

Question 3

The sentencing options for the mags are

Answer 3

1. Custodial
2. Community
3. Fine
4. Conditional
5. Absolute.

Question 4

Where the mags are considering a custodial/community sentence they…

Answer 4

Must wait for a PSR.

Question 5

The sentencing procedure is

Answer 5

1. P opens the facts
2. P provides antecedents.
3. P may apply for costs
4. Mitigation & D’s costs
5. Sentence/commital.

Question 6

Where D wishes to pleads guilty to a version of events not accepted by P the options are

Answer 6

1. Court accepts D’s version of events.
2. A newton hearing.
3. P may add a count to the indictment and empanel a jury.

Question 7

At a Newton hearing who bears the burden

Answer 7

P bears the burden beyond reasonable doubt

Question 8

Who bears the responsibility to alert the court to the need for a Newton

Answer 8

D’s counsel.

Question 9

P’s role at a sentencing hearing is

Answer 9

1. To open the facts.
2. Outline aggravating & mitigating factors
3. State relevant statutory provisions
4. Sentencing guidlines
5. Views of V
6. Application for costs or ancillary orders.

Question 10

The purpose of sentencing is

Answer 10

1. To punish offenders
2. To reduce crime by deterrence
3. Reform and rehabilitate
4. Protect the public
5. Provide reparations to V