4.3 – Sanctions and their
effectiveness - Imprisonment
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http://sixtyminutes.ninemsn.com.au/videoindex.aspx
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Watch Part 1 & 2
http://www.smh.com.au/nsw/jessica-silva-not-guiltyof-murder-guilty-of-manslaughter-20141204-120btv.html
Should imprisonment be imposed?
1
What is the function of
sanctions imposed by a court?

What are the 5 purposes of Sanctions?
1.
Deterrence
2.
Punishment
3.
Denouncement
4.
Rehabilitation
5.
Protection
2
Types of Criminal Sanctions that
Victoria has utilised
(Past/Present).

Concurrent Sentences
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Suspended Sentences
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Cumulative Sentences
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Drug Treatment Order
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Aggregate Sentences
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Intensive Correction Order
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Home Detention
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Youth Justice Centre Orders
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Deferred Sentencing
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Community Based Orders
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Combined Custody &
Treatment Orders
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Fines
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Adjournment with/without
conviction
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Discharge & Dismissal
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Superannuation Orders
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Confiscation Orders
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Suspension and cancellation
of drivers licence.
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Restricted Involuntary
Treatment Orders
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Hospital Security Orders
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Sex Offender Registration
Orders
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Sex Offender Extended
Supervision Order
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Right to Life
The most fundamental right.
We have systems and processes
in place to protect life and
prosecute those who unlawfully
take it.
All Australian states have
abolished the death penalty
In March 2010 the Torture
Prohibition and Death Penalty
Abolition Act (2010) Cth made
it impossible for any state to
re-introduce the death penalty.
4
Capital Punishment
Australia has signed the Second
Optional Protocol to the
International Covenant on Civil
and Political Rights, which
commits Australia to the abolition
of the death penalty. For how this
affects domestic law, see
UNSWCCL's comment piece: The
PM could protect us from the
death penalty.
Australia voted for the UN
General Assembly's resolution
calling for a global moratorium on
the death penalty (18 December
2007).
Australia annually co-sponsors a
resolution of the UN Human Rights
Commission that calls for all
nations to abolish the death
penalty. The latest version of the
resolution was passed on 20 April
2005 and is called The Question of
the Death Penalty (UN Doc
E/CN.4/RES/2005/59).
jurisdiction
last execution
abolition
Queensland
1913
1922
New South Wales
1940
1985(*)
Tasmania
1946
1968
Commonwealth
nil
1973
ACT
nil
1973
Northern Territory
1952
1973
Victoria
1967
1975
South Australia
1964
1976
Western Australia
1964
1984
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Capital Punishment

Since Federation (1901), only
114 persons have been legally
executed in Australia.
Incidentally this figure of 114
happens to coincide with the
total number of persons said
to have been executed in
South Africa in 1984.

http://www.aic.gov.au/documents/F/6/D/%7BF
6D67388-75E0-4CBC-8181E0BF0204D3CF%7Dti03.pdf
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Ronald Joseph Ryan (21
February 1925 – 3 February
1967) was the last person to
be legally executed in
Australia. Ryan was found
guilty of shooting and killing
prison officer George Hodson
during an escape from
Pentridge Prison, Victoria in
1965. Ryan's hanging was met
with some of the largest
public protests in the history
of Australia and led to the
abolition of the death
penalty in the country

http://en.wikipedia.org/wiki/Ronald_Ry
an

http://www.theaustralian.com.au/news
/nation/ronald-ryan-did-not-killwarder/story-e6frg6nf-1111115166959
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When should imprisonment be
used? Is it the next best option
outside of capital punishment?
7
Imprisonment? Is it the
better option?
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In 2012, the Victorian Liberal Government announced
plans to build a new $500 million medium security
prison in Melbourne's outer west, as part of its promise
to get tougher on crime.
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By contrast, the Victorian Sentencing Advisory Council
surveyed worldwide research on imprisonment and, in
2011, released a report called Does imprisonment
deter? A review of the evidence. The report concluded
that ‘The research demonstrates that increases in the
severity of punishment … have no corresponding
increased deterrent effect upon offending’.
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SO - is imprisonment an effective sanction?
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Imprisonment

Last resort sentencing option but can be the most
appropriate regarding type of offence committed.
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Concurrent Sentences
Served at the same time
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Cumulative Sentences
Served one after another.
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Concurrent sentences
When a person is imprisoned for a number of offences,
the person may be directed to serve these terms
concurrently (at the same time). Concurrent sentences
cannot be set for serious sexual or violent offences.
Cumulative sentences
In some instances the court will order that a person who
has been convicted of a number of offences serve terms
of imprisonment cumulatively (or one after the other).
Cumulative sentences will be set for serious sexual or
violent offences. Cumulative sentences are also set for:
not paying a fine
prisoners committing prison offences or an escape
offences committed while released under a parole
offences committed while released on bail.
Indefinite sentences

Indefinite sentences can be imposed for serious
offenders if the court is satisfied that the offender is a
serious danger to the community. [must be reviewed
every three years].
Cumulative and concurrent
sentencing
How long will the person be in
Jail?
Offence
Sanction
Burglary
2 Years
Theft
1 Year
Theft of
motor car
1 Year
Use Heroin
6 Months
TOTAL
4 years
6 months
Concurrent
Cumulative
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Parole
A person serving a prison sentence could be released
earlier than the full term of the sentence, through a
process known as parole. The court, at the time of
sentencing, will set a non-parole period.
The Adult Parole Board can make home detention orders
in respect of prisoners nearing the end of a term of
imprisonment.
Life in Prison

What are the living conditions like in prison (e.g. what
type of accommodation, recreational facilities, health
services, education and training opportunities might be
provided and what level of personal safety might exist).

Visit the Department of Justice website section on
prison location profiles
(http://www.justice.vic.gov.au/wps/wcm/connect/just
lib/DOJ+Internet/Home/Prisons/)

Describe the accommodation and facilities that are
provided in Victorian prisons.
14
Life in Prison

Australia observes international obligations in regard to the
treatment of inmates.
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All prisoners are provided with
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opportunity to work or participate in educational programs for at
least six hours a day, ten days a fortnight. (Corrections Act 1986)
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Attempts to assist with skill building and rehabilitation
Prison industries and training

Prison industries involve work contracted from outside and allow
inmates to develop skills that will help them gain employment
when released.

Can also undertake a vocational training program that is relevant
to their prison work. The aim of such programs is to give them
qualifications that are recognised after release.
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Via TAFE colleges includes metal fabrication, woodwork and
horticulture programs.

prisoners can work in service areas such as the kitchen, laundry,
maintenance and gardening.
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Community Work
Community corrections programs range from live-in
programs to outdoor work such as graffiti removal and
parks maintenance to indoor programs such as cooking and
soft toy making to programs to provide support in
emergencies
http://www.corrections.vic.gov.au/home/community+corr
ections/community+programs/
Click on the above link and describe 3 roles relating to
Community work that prisoners undertake.
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Trends in prison populations
What it costs to keep a prisoner
in custody and an offender in the
community
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The Council of Australian
Governments reports that net
operating expenditure per
prisoner per day in Victoria in
2013–14 was $269.56, while
net operating expenditure
per Community Corrections
offender per day in 2013–14
was $26.97.
How much does it cost to
house a prisoner per year?
Answer the following questions
using the below links

the number of prisons in
Victoria
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the number of prisoners in
Victorian prisons
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the average age of a male
prisoner
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the average age of a female
prisoner
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the percentage of prisoners
who have previously served
time in prison
http://assets.justice.vic.gov.au/corrections/reso
urces/4e7c798e-a854-4db2-93ebd13f91555f0a/statistical_profile_prisoner_201011-final.pdf
http://www.justice.vic.gov.au/utility/home/
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Your Turn
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Complete questions 1 – 5
page 99 of student text
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