LAW1114 Lecture Notes - Lecture 6: Deferral, Plea Bargain, C Mathematical Functions
Document Summary
Corrections runs the prisons, dept. of human services monitor. Sentencing advisory council gather statistics on sentencing trends: citizens also influence sentencing law by voting for parties that take a permitted by law certain stance on crime. How are sentences chosen: sentencing is a process where a magistrate (for summary offences and indictable triable summarily offences) or a judge (in indictable offences) Sentencing principles (to achieve only the enumerated purposes of uses an (cid:494)intuitive synthesis(cid:495) grounded upon. Proportionality (to try and best fit the sentence to the crime) see s. 5(3). If proportionality is breached, the sentence may be too harsh (or lenient). There is room for the courts to override this in cases involving serious offences that may endanger the community the criminal law) - see ss. 5(1) of the sentencing act 1991 (vic) Parsimony (to do no more than is necessary to achieve an intended purpose see ss. 5(4)-(7) that refers to least intrusive options to be used on sentencing hierarchy.
