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legal ch 4.5
u3 aos1 criminal justice system
| Question | Answer |
|---|---|
| Sentence indicators | statement made by a judge to an accused about the likely sentence they face if they plead GUILTY to an offence. Criminal Procedure Act 2009 (Vic) |
| relationship with plea negs | Works w plea negs to encourage an early determination of a criminal case. EXCEPT in this u need to work w the court- mag/judge makes a judgement |
| Court’s discretion (sent ind) | court can refuse to give sentence ind |
| sentence indication process for indictable offences | accused must apply for sentence indication, prosecution must consent, indication as to whether immediate sentence of imprisonment is likely to be imposed |
| sentence indication process for summary offences | can be given at any time by the mag (in the mag court), no need for pros consent, indication as to whether sentence of imprisonment or sentence of another type is likely to be imposed |
| purposes of sentence indications 1 | Provide the accused with some clarity about the likely sentence so they can make an early decision and alleviate the fear of a custodial sentence. |
| purposes of sentence indications 2 | Save the time, costs, resources and stress of a lengthy and contested trial/hearing. |
| purposes of sentence indications 3 | Desirable because they bring quicker closure to the victims |
| Appropriateness of sentence indications 1 | whether the accused has applied, has one already been given (indictable), type of offence (supreme court cases too serious and offenders will probs receive custodial sentence), |
| Appropriateness of sentence indications 2 | sufficient victim impact, Strength of evidence against accused, Nature of offence (sex offence cases - sensitive vs drug cases) |
| adv of sentence indications 1 | Helps w early determination. Prompt justice benefits everyone including victims, witnesses, accused, families and the community |
| adv 2 | Saves money and resources of pros and community by not continuing the full trial |
| adv 3 | Conducted in open court. Leads to transparency in the indication compared to the secrecy of plea negs |
| adv 4 | Accused is not bound to accept the indication and plead guilty. Provides procedural fairness to the accused |
| adv 5 | mag/Judge is experienced and impartial and is an expert in sentencing. Gives accused more certainty about the appropriate of the sentence |
| adv 6 | Greater certainty for the accused avoids going to trial and only finding out what sentence will be imposed at the end |
| disadv of sentence indication 1 | Judge isn’t not obliged to grant a request for sentence indication. Unfair - if accused is willing to consider guilty plea on basis of sentence indications |
| disadv 2 | Limits the availability of sentence indications because in higher courts, pros must consent. |
| disadv 3 | Legislation allows court to close a proceeding to the public during sentence indications. Lack of transparency |
| disadv 4 | For indictable offences- only needs to give an “indication” if it would impose an IMMEDIATE TERM OF IMPRISONMENT”. Less certainty/accuracy about the actual sentence the accused might receive |
| disadv 5 | Sentence indication avoids the need for the charges to be proven beyond reasonable doubt. Accused might just take an early guilty plea. Might be seen as contrary to SoP and PoI |
| disadv 6 | Lessen the impact/need for a victim impact statement bc court will not need as much evidence to decide a sanction. |
Created by:
pg0612345
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