LEGAL STUDIES UNIT 4 AOS 2 – Booklet 1.5
* General purposes of criminal sanctions
* An overview of three types of sanctions and their purposes
Define what is meant by the term ‘sanction’.
DO
NOW
A man pleaded guilty in the Melbourne Magistrates’ Court to six charges relating to a man
stole $20000 from card holders. When Melbourne detectives
arrested the accused, they seized a magnetic strip collector card reader and 10 fraudulent
cards. The man was sentences to two months for importing the magnetic strip collector and four months
for the other offences.
Why would the magistrate impose this sentence? What would the magistrate consider when
sentencing?
LEARNING INTENTIONS
By the end of this booklet you will be able to:
1. Explain the general purposes of criminal sanctions;
2. Describe three types of sanctions and their purposes.
3. Make recommendations about the types of sanctions appropriate to particular cases.
4.
SUCCESS CRITERIA
By the end of this booklet can you:
1. Explain why we have criminal sanctions?
2. Describe three types of sanctions – imprisonment, fine and
community based order?
CHECK YOUR
KNOWLEDGE
3. Explain when these sanctions would be most appropriate to particular
cases?
4. Explain how imprisonment, fine and a community-based order fulfil the aims of sentencing?
The purposes of sanctions – WHY DO WE HAVE SANCTIONS?
Sanctions are punishments imposed by the courts in order to give force to criminal laws. The
Sentencing Act 1991 (Vic) gives the court powers to pass sentences and sets out the different types of
sanctions. Can you think of a few sanctions (punishments….) that the courts give out?
The courts give out sanctions to punish.
Judges considering what sentence to impose must take into account the principles and purposes of
sentencing as set out in Section 5(1) of the Sentencing Act 1991. These are the only purposes for which
a sentence can be imposed:
 just punishment – to punish the offender to an extent and in a manner which is just in all of the
circumstances
 specific and general deterrence – to deter the offender or other persons from committing offences
of the same or a similar character
 rehabilitation – to establish conditions within which it is considered by the court that the
rehabilitation of the offender may be facilitated
 denunciation – to denounce the type of conduct engaged in by the offender
 community protection – to protect the community from the offender.
When sentencing an adult offender, the judge must also have regard to the following factors set
out in Section 5(2) of the Sentencing Act 1991:
 the maximum penalty prescribed for the offence;
 current sentencing practices;
 the nature and gravity of the offence;
 the offender’s culpability and their degree of responsibility for the offence;
 whether the offence was motivated (wholly or partly) by hatred for or prejudice against a group of
people with common characteristics with which the victim was associated or with which the
offender believed the victim was associated (e.g. racism);
 the personal circumstances of any victim of the offence;
 the impact of the offence on any victim of the offence;
 any injury, loss or damage resulting directly from the offence;
 whether the offender pleaded guilty to the offence and, if so, the stage in the proceedings at which
the offender did so or indicated an intention to do so;
 the offender’s previous character (including the offender’s prior criminal history, general reputation
and any significant contributions made by the offender to the community); and
 the presence of any aggravating or mitigating factor concerning the offender or of any other
relevant circumstances.
The first aim of sentencing is to punish. Explain.
Punishment exists so that society can feel that there has been some retribution. What does this mean?
Punishment exists so that society can feel that there has been some revenge. What does this mean?
The courts give out sanctions to deter.
Define the term ‘deterrence’.
The sanction should deter the offender or other people from committing the same or similar offences. If
people could commit crimes freely without the threat of punishment, there would be no law and order.
What is general deterrence?
What is specific deterrence?
The courts give out sanctions to rehabilitate
A court will consider sanctions that could help the accused to rehabilitate. One aim of a sanction is to
ASSIST OFFENDERS TO CHANGE THEIR ATTITUDES AND BE READY TO TAKE THEIR PLACE IN
SOCIETY.
What type of sanction may best enable rehabilitation? 2 marks.
The courts give out sanctions for the purposes of denunciation
Denunciation refers to the disapproval of the court. A particular punishment may be given to show the
community that a court disapproves of the offender’s conduct.
Can you think of an example of when the courts have used denunciation?
The courts give out sanctions to protect the community
In some instances it is necessary to protect the community from the offender. In such cases, the
offender needs to be removed from society (put in prison) to by physically prevented from reoffending.
Is a person being treated justly if the courts are only considering the protection of the community when
identifying a reason for a jail sentence?
You are to find newspaper articles that mention each of the five purposes of sanctions. Take
note of: the crimes committed, the purpose of the sanction, factors that the judge/magistrate
considered when sentencing and make a statement about whether or not you think the sanction
would achieve the aims of sentencing.
Explain how rehabilitating an offender works to assist society.
Distinguish between general and specific deterrence.
Three types of sanctions and their purposes:
1. Fine
2. Community Based Order
3. Imprisonment
Fine
What is a fine?
What happens if a fine is not paid?
Under the Sentencing Act 1991 (Vic) how does the judge or magistrate decide what amount to fine a
person? In your answer, explain the role of penalty units.
Explain the specific purposes of a fine.
Is a fine likely to rehabilitate an offender? Why? Why not?
The purpose of a fine
How does the fine
achieve this purpose?
Community-based orders
What is a community-based order?
What do community-based orders do for offenders?
How does the fine
NOT achieve this
purpose?
List some of the conditions that can be imposed as a part of a community-based order.
Explain the three requirements of a community-based order.
What aims of criminal sanctions are met through the use of community-based orders?
The purpose of a CBO
Imprisonment
What is imprisonment?
How does a CBO achieve
this purpose?
How does a CBO
NOT achieve this
purpose?
If a court sentences an offender to be imprisoned for a term of two years or more, it must also state a
minimum, non-parole period. If the sentence is between one or two years, then the court has the option
of stating a non-parole period. After this minimum period the prisoner’s suitability for parole is reviewed
by the Parole Board.
What is parole?
Can the Magistrate give out a sentence of any length of imprisonment?
Imprisonment aims to punish, protect, rehabilitate and act as specific and general deterrence. Explain,
with reference to each of these purposes of sanctions.
To what extent does imprisonment fulfil the aims of criminal sanctions?
There are other types of sentencing orders, here is a brief summary. YOU DON’T NEED TO KNOW
THESE BUT IT MAY BE GOOD TO UNDERSTAND THE CHANGES TO COMMUNITY CORRECTION
ORDERS FROM 2012 ONWARDS – A GREAT CURRENT EXAMPLE!
Types of sentencing orders
A wide range of sentencing options are available for adult offenders under the
Sentencing Act 1991, including:
 Imprisonment: the highest level of punishment. Offenders are detained in a
prison and deprived of their freedom. There are different types of prisons,
e.g. maximum and medium security. The maximum term of imprisonment a
judge can impose for an offence is determined by parliament. Courts have
the discretion to sentence an offender to less than the maximum penalty.
 Drug treatment order: two-year sentence from the Victorian Drug Court,
part custodial, part treatment – the custodial part is suspended to allow for
treatment; freedom of movement and association are controlled.
 Suspended sentence: specified prison term is suspended wholly or in part
for a specified time (i.e. the offender will not actually go to prison), subject
to the condition to be of good behaviour (i.e. not reoffend).
 Community correction order (CCO): from 2012, a flexible sentencing order
served in the community which may also include a period of imprisonment, a
bond or a fine. All those sentenced to a CCO must abide by some basic
conditions including not re-offending or leaving Victoria without permission.
Courts also impose at least one other ‘optional’ condition, such as:
rehabilitation; unpaid community work; or restrictions on residence or
association. The maximum duration of a CCO is two years if imposed in the
Magistrates Court or whatever the statutory maximum term of imprisonment
is for an offence sentenced in the higher courts. Breaching the conditions of
a CCO is an offence that may lead to additional imprisonment or a fine as
well as re-sentencing for the original offence.
 Fine: monetary penalty that can be in addition to or instead of another
order, and can be imposed with or without recording a conviction.
 Adjourned undertaking: unsupervised release with or without recording a
conviction, for a period of up to five years, with conditions.
 Discharge: after finding someone guilty of an offence and recording a
conviction against them, a court may discharge the person with no further
penalty.
 Dismissal: after finding someone guilty of an offence the court may dismiss
the charge without recording a conviction.
Appeals – how a sentence can be reviewed
Any sentence imposed by a court can be subject to appeal. If either the
prosecution or the defence is dissatisfied with the sentence or some other
aspect of the trial, they can ask for a higher court to re-examine the case and
change the sentence.
Appeals can also be made against conviction.
A sentence can be appealed on the grounds that the sentencing judge made an
error in the exercise of their discretion. Such errors might be specific, for
example by failing to properly take into account something about the offender
or the offence that was relevant to the sentence. An error might be nonspecific, for example by imposing a sentence that was too harsh or too lenient
considering the circumstances of the case.
If an appeal court decides that an error has been made, it may set aside the
original sentence and impose a different sentence. When deciding the new
sentence, the appeal court must consider the same principles and factors that
the original sentencing judge should have considered, such as the maximum
penalty, current sentencing practices, the seriousness of the offence and the
personal circumstances of the offender.
An appeal against sentence is not a retrial. Evidence is not re-examined and the
guilty finding is not reconsidered.
We will now work through ‘You be the Judge’ Powerpoint.
Carl has been found guilty of culpable driving and sentenced to 150 hours of community service.
In which court is it most likely that this case would have been heard?
Who would have handed down Carl’s sanction?
1 mark
1 mark
Identify and describe one other criminal sanction that could have been imposed on Carl and explain one
of it’s purposes.
3 marks
SELF ASSESSMENT
o
I learnt the following about sentencing …
o
The strengths of my work were …
o
The weaknesses of my work were …
o
In future, I will …
Sentencing Quiz
Statement about Victorian law
1.
Judges can impose whatever length prison term
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 they are convicted of a crime.
8.
9.
If someone convicted of a crime feels their
sentence is extreme, there is nothing they can do
about it.
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.
True
False
Unsur
e
13.
14.
15.
The sentence for a crime may be harsher if the
crime was motivated by racial hatred or
homophobia.
Magistrates don’t need a jury to make a finding of
guilty or not guilty.
The victim of a crime has no role at the trial
except as a spectator.
REVISION
Work that I need to complete in Legal Studies
When I will do it
The courts, criminal charges and sentences
Court
Role of courts and Charges heard and sentencing
specialist courts
Magistrates’ Court: 90%
of criminal charges are
heard and determined in
this court
 can hear all summary offences and some indictable
offences
Koori Court: mostly a
sentencing court
because, if a defendant
has chosen to appear
before it, he or she is
deemed to have pleaded
guilty
 for Indigenous defendants who must opt to appear before it
 can hear all cases within the jurisdiction of the Magistrates’
Court except those involving sexual offences and
domestic/family violence
 court processes are informal but principles of natural justice
are retained
 presided over by a magistrate who imposes sentences
subject to comments from an elder or respected person at
the hearing
Drug Court: a sentencing
court for offenders who
plead guilty to a drugrelated crime that falls
within the jurisdiction
of the Magistrates’
Court
 offenders are sentenced to drug treatment order with
optional conditions focusing on rehabilitation from drug
addiction and its causes
Family Violence Court
 specialises in hearing, and granting, safety orders to protect
victims and their families, and breaches of those orders
 deals only with cases already within the jurisdiction of the
Magistrates’ Court
Children’s
Court
At the same level as the
Magistrates’ Court in
the court hierarchy but
is an independent court.
A Koori Court is also
available in this court
 hears criminal charges against young people aged 10 to
under 18 at the time of the alleged offence and under 19 at
the time of appearing before the court
County
Court
The principal trial court
in Victoria. A Koori
Court is also available in
this court.
 has jurisdiction over all criminal matters but in practice
hears only cases that cannot be heard in lower courts
 cannot hear cases of treason or murder
 can hear appeals from lower courts (re-hearing)
Trial division
 the highest court in Victoria
 has jurisdiction over all criminal matters but in practice
usually hears only cases that cannot be heard in lower
courts
 hears cases of treason, murder and murder-related
offences
Appeal division
 hears appeals from all other courts, including the Supreme
Court
 appeals against decisions of the Appeal Court can be taken
to the High Court of Australia
Magistrates’
Court
Supreme
Court
 non-custodial sentences account for over 93% of sentences
imposed in this court, although between 3,400 and 4,000
defendants are sentenced to imprisonment each year
 aimed strongly at reducing the risk of further offending by
stabilising offenders’ lifestyles
 cannot hear charges of death-related indictable offences
such as murder, attempted murder, manslaughter, arson
causing death or culpable driving causing death
 its proceedings are not made public