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sentencing process help!!!! (1 Viewer)

Joined
Jan 22, 2008
Messages
62
Gender
Male
HSC
2009
well,

firstly you have the hearing- if its an indictable offence it starts in local court to see if a prime facie case exists (enough evidence to go to a higher court) and if it does then it goes to a higher court. summary offences are dealt with in local court.

then, after the trial they have to give a decision (sentence) and they have to take into account:

1. the purpose of the punishment, circumstances of the offender, circumstances of the offence, aggravting/mitigating facotrs.


and also things like judges discretion- their guidelines and maximum penalties and such influence the sentencing process.

(refer to crime syllabus) =]
 

tiger2777

New Member
Joined
Aug 8, 2009
Messages
4
Gender
Male
HSC
2009
u forgot 1 thing and that is the post sentencing for example with gang rapers who try to seek parole but are denied so parrole plays a part. and other post sentencing issues will need to risen such as home detention or restrictions placed on the offender particularly in child sex offenders
 

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