Statutory and Judicial Guidelines (HSC SSCE Legal Studies): Flashcards
📚Flashcards
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Practise the cards
10 cards from this deck
Sentencing hearing purpose
Sentencing hearing purpose
Determine appropriate sentence after guilty plea/verdict
Jury's role in sentencing
Jury's role in sentencing
None - judicial officer only
Primary NSW sentencing legislation
Primary NSW sentencing legislation
Crimes (Sentencing Procedure) Act 1999 (NSW)
Imprisonment principle in NSW
Imprisonment principle in NSW
Last resort - only if no other penalty appropriate
Murder maximum penalty (s19A)
Murder maximum penalty (s19A)
Life imprisonment
Judicial discretion
Judicial discretion
Power to tailor sentence to individual case circumstances
Who applies for guideline judgments?
Who applies for guideline judgments?
Attorney-General
Mandatory sentencing
Mandatory sentencing
Legislated minimum/fixed sentence, removes judicial discretion
Three strikes policy
Three strikes policy
Mandatory prison on third conviction for certain offences
NT mandatory sentencing result
NT mandatory sentencing result
Abolished due to prison rise, no deterrent, Indigenous impact