Sentencing (VCE SSCE Legal Studies): Flashcards

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Introduction to Sanctions
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Definition of sanction

Penalty given by court to person found guilty of crime

Who determines sanction?

Judge or magistrate (not the jury)

Primary legislation for sanctions in Victoria

Sentencing Act 1991 (Vic)

Principle of parsimony

Cannot impose penalty more severe than necessary

Most severe sanction in hierarchy

Imprisonment

Least severe sanction

Dismissal without conviction

Definition of recidivism

Reoffending by someone already convicted and sentenced

Death penalty abolished in Victoria (year)

1975

Three purposes of Sentencing Act 1991 (Vic)

Consistency, fair procedures, prevent crime

Definition of conviction

Formal finding of guilt made by a court

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