Legal Studies 3C
 Sentencing Act 1997 (Tas)
 Section 7:
 Imprisonment
 Suspended term of imprisonment (partially or wholly)
 Community Service Order
 Probation Order (with or without a conviction)
 Fine (conviction recorded)
 Adjournment with conditions (with or without a conviction)
 Record a conviction and discharge the offender
 Dismiss the charge without conviction
 Impose any other sentence or make any order that the court is
authorised to impose or make by this Act or any other
enactment.
 Punishment and retribution
 Deterrence of offenders and others
 General deterrence – deter the general public
 Specific deterrence – deter the offender
 Rehabilitation of offenders
 Denunciation of the conduct of the offender
 Protection (incapacitation)
 Custodial sentence (prison)
 Non-custodial sentence (community service order)
 Drink driving (provisional driver)
 Punishment:
 Maximum fine $1400 and 3 – 12 month disqualification)
 Is the punishment stopping you from committing this
offence?
 What if there were no punishment for this?
 What is the aim of the punishment in this case?
 Use of mobile phone while driving
 Punishment:
 $300 fine and 3 demerit points
 Is the punishment stopping you from committing this
offence?
 What if there was no punishment for this?
 What is the aim of the punishment in this case?
 Drinking on private premises
 Private premises are places like your home or a friend’s
home.You can drink on private premises even if you are under
18. If you are having a party and your guests are under 18, you
must get permission from their parents before you serve them
alcohol.
 You and your parents also have a responsibility to take care to
ensure those at your party are safe and not harmed. Your
parents would be expected to supervise the party and to
prevent excessive drinking and other safety risks.
 Your parents could be fined as much as $14,000 or even go to
jail.
 Is the punishment stopping you from committing this offence?
 What is the aim of the punishment in this case?
 A 69 year old woman who killed her husband after almost
50 years of physical and emotional abuse pleaded guilty to
manslaughter. She killed her husband after he became
angry and threatened her with an axe when she suggested
that 8 am was too early to eat lunch. She picked up a
saucepan and walking stick and fought back.
 The Supreme Court heard that she had been the ‘slave’ of
her husband. The beatings began three days into their
marriage and he often threatened to kill her. The woman
was released on adjournment on an undertaking to be of
good behaviour for a period of two years.
 What is the sentence and what is the aim of this sanction?
 A man who assaulted another patron at a Ballarat nightclub
for trying to ‘crack on to his girlfriend’ was fined in the
Ballarat Magistrates’ Court. The man, 24, pleaded guilty to
one charge of unlawful assault. The victim sustained a
blood nose from the attack. No other permanent damage
was done.
 Magistrate Kay Robertson fined Pickering $1000 with
conviction.
 What is the sentence and what is the aim of this sanction?
 A Warrnambool woman was placed on a 12 month
community service order in February 2012 after pleading
guilty to using and trafficking cannabis. Jennifer Faith
Sutterby admitted selling cannabis to her friends and, after
being assessed, was considered suitable for a community
service order.
 The conditions imposed on Ms Sutterby include a
requirement to complete 50 hours of community work, and
undertake treatment and rehabilitation for her drug abuse
and mental health issues.
 What is the sentence and what is the aim of this sanction?
 Maria Christina Clark pleaded guilty to the attempted
murder of her mother, Agnes Caris, an 81 year old woman
who was suffering from cancer and had been hospitalised.
On the day before her death, the victim suffered a stroke,
lapsed into a coma and was near death.
 Clark pinched her mother’s windpipe to restrict her
breathing. The victim died shortly after. Clark turned
herself in to the police the next day.
 Justice Lasry sentenced Clark to two years’ imprisonment,
to be wholly suspended.
 What is the sentence and what is the aim of this sanction?
 On the night of 18 February 2006, Thomas Towle lost control
of his car, ploughing into a group of teenagers on the side
of the road. He killed six of the teenagers and seriously
injured another four.
 Towle was found guilty of six charges of dangerous driving
causing death and four charges of dangerous driving
causing serious injury.
 Towle was sentenced to 10 years imprisonment, with a
minimum period of 7 years before being eligible for
parole.
 What is the sentence and what is the aim of this sanction?
 Sentencing of Thomas Towle:
 Towle was sentenced to 3.5 years imprisonment on charges
1 – 6 of dangerous driving causing death.
 On the charges of dangerous driving causing serious
injury, on each of charges 7 and 10, he was sentenced to
two years imprisonment.
 On each of charges 8 and 9, he was sentenced to one year
of imprisonment.
 These sentences were to be served concurrently (at the
same time as another sentence).
 The court ordered that one year of each of the terms of
imprisonment imposed on charges 2, 3, 4, 5, 6 and six
months of each of the terms of imprisonment imposed on
charges 7 and 10, and three months of each of the terms of
imprisonment imposed on charges 8 and 9 be served
cumulatively upon the sentence imposed on charge 1 and
upon each other.
 This made a total effective sentence on all charges of 10
years imprisonment, with a minimum period of seven years
imprisonment before being eligible for parole.
 Cumulatively (served after another sentence).
 Circumstances of the offence:
 Seriousness of the offence
 Prevalence of the type of offence
 Impact on victim – taking into account age/circumstances
of victim
 Premeditation
 Degree of participation – leader, minor role?
 Aggravating or mitigating factors
 - Any damage or injury caused
– Use of weapons
– Breach of trust
 Aggravating circumstances
 Any circumstances surrounding the commission of a crime
that increase its seriousness or add to its injurious
consequences.
 Example aggravated assault - the crime of physically
attacking another person which results in serious bodily
harm and/or is made with a deadly or dangerous weapon
such as a gun, knife, sword, axe or blunt instrument
 (http://legal-dictionary.thefreedictionary.com/aggravation)
 Mitigating circumstances
 In criminal law, conditions or happenings which do not
excuse or justify criminal conduct, but are considered out
of mercy or fairness in deciding the degree of the offence
the prosecutor charges or influencing reduction of the
penalty upon conviction.
 Example: a young man shoots his father after years of being
beaten, belittled, sworn at and treated without love. "Heat of
passion" or "diminished capacity" are forms of such
mitigating circumstances.
 (http://dictionary.law.com/default.aspx?selected=1267)
Circumstances of the offender:
Prior Convictions, including response to
previous orders
Plea of guilty
Remorse, demonstrated for example by:
– Reparation for any injury, loss or damage
made prior to sentencing
Co-operation with the Police
Character
Background, including cultural background
Circumstances of the offender continued:
Age
Means
Physical condition/ mental capacity
Prospects for rehabilitation
Deterrent effect that any sentence may
have on the person
Alcohol/drugs but only to show out of
normal character
Parity with like offenders
Special hardship
 Page 464 to 493 (blue edition)
 Page (red edition)
 Magistrates’ Court case
 Supreme Court case
 Impact on the prisoners
 Victim impact
 Aims of punishment (rehabilitation, deterrence, denunciation, punishment,
protection)