Sanctions (VCE SSCE Legal Studies): Flashcards

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Sentencing factors
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Legislation setting out sentencing factors in Victoria

Section 5(2) of the Sentencing Act 1991 (Vic)

Aggravating factors definition

Facts leading to a more severe sentence

Mitigating factors definition

Facts leading to a less severe sentence

Custodial sentence meaning

Imprisonment

Why early guilty plea reduces sentence

Saves court time & spares victims trauma of testifying

Difference between remorse and regret

Remorse = sorrow for harm; regret = sorry about being caught

Effect of prior criminal history on sentence

Increases sentence severity (aggravating factor)

Victim impact statement

Written/oral statement describing victim's suffering in court

Breach of trust as aggravating factor example

Position holder (parent, teacher, carer) abusing that position

Nature & gravity of offence effect on sentencing

Lower end = reduced sentence; higher end = increased sentence

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