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Lecture

13. Sentencing (list of considerations)

2 Pages
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Department
Law
Course Code
JSB171
Professor
All

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Sentencing Factors Purposes Retribution: s9(1)(a) Rehabilitation: s9(1)(b) Special & General deterrence: s9(1)(c) Denunciation: s9(1)(d) Protection: s9(1)(e) Combination of the above: s9(1)(f) Imprisonment • Treated as last resort: s9(2)(a) PSA except for SVOs (s9(3)); paedophilia (s9(5)); child pornography (s9(6A)) • Previous Sentences: o Time in custody before sentence: s9(1)(j) o Sentences imposed at the same time: s9(1)(k) o Sentences already imposed that not served: s9(1)(l) o Sentences liable to serve because of revocation of orders: s9(1)(m) o Compliance with community based order: s9(1)(n) o Completion of rehabilitation programs: s9(1)(o) Maximum and Minimum Penalties: s9(2)(b); Veen • Totality principle: Postiglone per McHugh J; Mill o Concurrent unless ordered otherwise: s155; s156A (SVOs—mandatory cumulative) Characteristics of the Offence • Nature & Seriousness of offence: s9(2)(c) | s9(6)(c) (ch sex) | s9(4)(e) (SVO) | s9(6B)(a) (ch porn) | s12(2)(a) (recording conviction) • Damage Caused: s9(2)(e) | s9(6)(c) (child sex) | s9(4)(d) (SVOs) | Briese • Prevalence: s9(2)(h) • Culpability: s9(2)(d) Characteristics of the Accused • Intellectual Capacity: s9(2)(f) • Age: s9(2)(f) | s9(6)(g) (child sex) | s9(4)(h) (SVOs) | s9(6B)(d) (child porn) | s12(2)(b) o Employment prospects: s12(2)(c) (recording conviction) • Character: s9(2)(f) | s9(6)(g) (child sex) | s9(4)(h) (SVOs) | s9(6B)(d) (child porn) | s12(2)(b
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