Sentencing quiz
Sentencing quizStatement about Victorian lawTrueFalseUnsure1.Judges can impose whatever length of imprisonment they think is suitable.2.First-time offenders cannot be sent to jail.3.Regardless of the sentence imposed by the judge, a well-behaved prisoner can be released early.4.Parliament decides the maximum possible sentence for different types of crime.5.Judges and magistrates are required to impose the toughest sentence the law allows.6.Making the criminal suffer is the main purpose of sentencing.7.A child of 10 years or older may be sentenced in a Victorian court if he or she is convicted of a crime.8.If someone convicted of a crime feels their sentence is extreme, there is nothing they can do about it.9.An indictable offence is more serious than a summary offence.10.Violent crimes are the most common types of crime.11.If a car is involved in a fatal collision, the driver will only go to jail if the collision was deliberate. 12.A person cannot be found responsible for any crime they committed when very drunk.13.The sentence for a crime may be harsher if the crime was motivated by racial hatred or homophobia.14.Magistrates don’t need a jury to make a finding of guilty or not guilty.15.The victim of a crime has no role at the trial except as a spectator.AnswersDiscussion notes for misconception/preconception check activity:Judges can impose whatever length of imprisonment they think is suitable.FALSE – Maximum penalties are listed in law (Acts of Parliament) such as the Crimes Act 1958 (Vic). The Sentencing Act 1991 (Vic) also outlines the purposes of sentencing and factors about the offence and the offender that judges must consider when imposing a sentence. Judges must also consider sentences handed down by other judges for similar crimes. Significant or unjustified variation from this guidance can lead to a sentence being overturned on appeal.Judges will also need to take into account any applicable standard sentence. In 2017, parliament passed laws creating standard sentences. The maximum penalty is one guidepost for a court when sentencing (representing the worst type of offending by the worst type of offender). The standard sentence will be another guidepost (representing the middle of the range of offending before considering the offender) that the court must consider in determining the appropriate sentence. The new laws set these guideposts for 12 offences including murder and rape. From 1 February 2018, courts will be required to consider the standard sentence alongside all other relevant sentencing principles and factors. Courts will need to provide reasons explaining how the sentence imposed in a case relates to the relevant standard sentence.First-time offenders cannot be sent to jail.FALSE – While both youth and the lack of a relevant prior conviction may be mitigating factors reducing a sentence, where the offence is serious enough or where aggravating factors about the offence or the offender are significant, first-time offenders can be sent to jail.Regardless of the sentence imposed by the judge, a well-behaved prisoner can be released early.FALSE – Except in exceptional circumstances, prisoners cannot be released prior to the completion of the non-parole period set by the judge or magistrate. After that, the Parole Board may consider releasing the offender on parole. An offender’s behaviour in prison is one of the factors that the Parole Board considers when deciding whether to release a prisoner on parole and under what conditions.Parliament decides the maximum possible sentence for different types of crime. TRUE – Maximum penalties for crimes are set in various Acts of Parliament, principally the Crimes Act 1958 (Vic), the Summary Offences Act 1966 (Vic), the Children, Youth and Families Act 2005 (Vic), the Drugs, Poisons and Controlled Substances Act 1981 (Vic) and the Road Safety Act 1986 (Vic).Judges and magistrates are required to impose the toughest sentence the law allows. FALSE – Section 5(3) of the Sentencing Act 1991 (Vic) requires that, ‘A court must not impose a sentence that is more severe than that which is necessary to achieve the purpose or purposes for which the sentence is imposed’.Making the criminal suffer is the main purpose of sentencing.FALSE – The five purposes for which a sentence may be imposed are laid out in section 5 of the Sentencing Act 1991 (Vic). They are: just punishment, deterrence, rehabilitation, denunciation and community protection. Making the offender suffer is not a legitimate purpose of sentencing.A child of 10 years or older may be sentenced in a Victorian court if he or she is convicted of a crime. TRUE – Under the Children, Youth and Families Act 2005 (Vic), 10 years is the age at which children become old enough to be sentenced. Different sentencing options are considered for children aged between 10 and 14 years compared with those aged between 15 and 20 years. If someone convicted of an offence feels their sentence is extreme, there is nothing they can do about it. FALSE – Someone convicted of a crime may appeal the conviction, the sentence or both.An indictable offence is more serious than a summary offence. TRUE – Summary offences include less serious traffic offences, minor assaults, property damage and offensive behaviour. Summary offences are generally heard by a magistrate in the Magistrates’ Court, even if the accused is not present. Some summary offences are dealt with through the infringements system (fines), without going to court at all (e.g. an infringement notice for speeding). Indictable offences include rape, murder, burglary and intentionally or recklessly causing injury or serious injury. These matters must be heard with the accused present in the higher courts – the County Court and the Supreme Court. If a plea of not guilty is entered by someone who has been charged with an indictable offence, a trial will be held and a jury will decide whether the accused is guilty or not guilty. Some less serious indictable offences can be heard summarily in the Magistrates’ Court if the magistrate considers it appropriate and the accused consents.Violent crimes are the most common types of crime.FALSE – According to the Victorian Crime Statistics Agency report Crime Statistics Victoria, Year Ending June 2017, less than 15% of recorded offences were crimes against the person (assault, rape, intentionally or recklessly causing injury or serious injury etc.). If a car is involved in a fatal collision, the driver will only go to jail if the collision was deliberate.FALSE – Someone who causes the death of another person through negligent or reckless driving, or under the influence of alcohol or drugs, can be convicted of culpable driving causing death, an offence that has a maximum possible penalty of 20 years’ imprisonment. Someone convicted of dangerous driving causing death, including through driver fatigue, can be sentenced to a maximum of 10 years in prison.A person cannot be found responsible for any crime they committed when very drunk. FALSE – Courts do not normally consider that self-administration of drugs or alcohol lessens an offender’s responsibility for later unlawful actions. This is because the effects of alcohol and drugs are well known and can be reliably anticipated.The sentence for a crime may be harsher if the crime was motivated by racial hatred or homophobia.TRUE – An offender’s motivation for committing an offence will be considered by the judge in sentencing. Changes to the law in 2009 mean explicitly that if a violent crime is motivated by an offender’s hatred for the victim(s) due to the victim’s race, religion, sexual orientation or other personal characteristic, this will be considered an aggravating factor, increasing the offender’s culpability.Magistrates don’t need a jury to make a finding of guilty or not guiltyTRUE – It is only in the County Court and the Supreme Court that a jury makes a finding of guilty or not guilty, and then the judge imposes the sentence. About 90% of criminal matters are finalised in the Magistrates’ Court. The victim of a crime has no role at the trial except as a spectator.FALSE – Victims of crime may be a witness at a trial. Victims of crime also have a right to make a Victim Impact Statement as part of the sentencing process. Guidance and support are available to help victims do this. Relevant parts of a Victim Impact Statement will be submitted to the court as part of the sentencing ................
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