Sentencing and Punishment (HSC SSCE Legal Studies): Flashcards
📚Flashcards
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Practise the cards
10 cards from this deck
Judicial discretion
Judicial discretion
Flexibility in sentencing guided by legislation & case law
Objective factors in sentencing
Objective factors in sentencing
Circumstances of the crime itself (what, where, seriousness)
Subjective factors in sentencing
Subjective factors in sentencing
Personal circumstances & state of mind of offender
Aggravating factors
Aggravating factors
Circumstances that increase offence seriousness & sentence
Gratuitous violence
Gratuitous violence
Excessive violence without justifiable reason
Vulnerable victims (examples)
Vulnerable victims (examples)
Elderly people, young children, people with disabilities
Mitigating factors
Mitigating factors
Circumstances that may reduce sentence severity
Remorse in sentencing
Remorse in sentencing
Genuine regret/sorrow for wrongdoing shown by offender
Intoxication as mitigating factor
Intoxication as mitigating factor
Generally NOT accepted - intoxication is a choice
Victim impact statements
Victim impact statements
Written statements by victims describing crime's personal impact