can d’s found g in mags be sent to crown for sentence
yes- s14 SA provides this for either way offences
when must a newton hearing be held
where a d pleads guilty on a basis that will make a factual difference to sentence the court must hold a Newton hearing to decide the factual basis upon which it should pass sentence
what is a goodyear indication
D asking for an indication on sentence
what is the starting point for determining seriosuness
consider culpability and harm
what is culpability
the blameworthiness
what is harm
assessment of damage caused to victim
what happens at a sentencing hearing
prosecution open facts, make submissions and applications, defence mitigate and judge passess sentence
how does the court determine sentence
determine category, adjust the starting point accoridng to aggravating/mitigating factors, reduce sentence to credit any guilty plea
if multuple offences, ensure the final overall sentence is just and proportionate
how much credit do you get for guilty plea
first hearing - 1/3
after first stage- 1/4
first day of trial- 1/10
what is a bind over
can be imposed by mags and crown
person bound to keep the peace for a sum of money that they forfeit if they fail to do so
what is an absolute discharge
lowest form of sentence available to mags and crown
essentially no punishment
what is a conditional discharge
can be imposed by mags and crown
discharge with condition that if the d commits another offence during the period they can be resentenced for the original offence and the new one- cant be more than 3 years
what is a community order
sentence that requires d to comply with requirements to punish or rehabilitate a d into the community. d must be over 18 and offence must be punishable with impriosnment
what happens if d breaches community order
must be amended to make it mroe onerous, fine offender up to 2.5k or revoke the order and resentence
when can a custodial sentence be passed
when the court is satisfied that the offence is so serious that neither a fine nor community order can be justified
what is a determinate custodial sentence
a prison sentence for a defined period of time
what is a suspended sentence
where offence could have custodial sentece but is suspended so d doesnt have to serve anytime inside
what cases have minimum sentences and what are they
third class a trafficking offence- 7 years
third domestic burglarly- 3 years
firearms offences- 5 years
second offence of psosessing wepon- 6 months
threahening with weapon- 6 months
