The purposes of sanctions PDF

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Purposes of Criminal Sanctions in Australia Comprehension Questions

1. Why was Adrian Bailey jailed for a minimum of 35 years? He brutally raped a woman. 2. Consider Justice Nettle’s comments and decide whether the sanction fits the crime in this case. Give reasons for your decision. I do believe the sanction fits the crime in this case because bailey was a violent sexual offender who had little compunction of sexual offending or any acts. His acts were one of the worst kind conceivable. 3. Briefly describe the facts of the Kieran Loveridge case. Sentenced to just 25 years to the manslaughter of teenager Thomas Kelley.

4. What was the initial sentence imposed on Kieran Loveridge by the judge? Why? 4 years.

5. This case went to appeal. How did the initial sentence change? Jailterm was increased to 14 years

6. Where would you find the guidelines governing the sentencing of courts in each state or territory? An act of parliament in each state and territory contains guidelines 7. Outline the five purposes for sanctions which are imposed by a judge in a criminal Punishment – to inflict pain on the offender for the harm they caused, make them liable Rehabilitation – help the offender reform and avoid the possibility of reoffending deterrence – general seeks to make an example of the offender specific – deterring the offender from reoffending denunciation – shows societys disapproval of an offenders conudct 8. Decide which is the most important of the five purposes and give reasons for your choice. The purposes combine to achieve one of the core principles, protecting the community from the harmful actions of the offender. Protecting the community is the main purpose of law

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Purposes of Criminal Sanctions in Australia Comprehension Questions 9. Consider the sentence that Adrian Bailey received and suggest which of the five purposes for sanctions apply here. Why? Deterrence – he should have jailtime so he and others know what the consequences are of committing a serious crime. It should deter people from making those crimes 10. In your own words explain the common law principle of proportionality. Intended to reduce the chance of unduly harsh or unduly lenient sentences. Ensures that the sanction imposed reflects the seriousness of the crime committed 11. Judges consider the issue of recidivism when imposing a sanction on an offender who has been found guilty of a crime. Define the term recidivism and state which of the five purposes recidivism is most closely linked to. Recidivism means to reoffend. The purpose that its most closely linked to is rehabilitation, as it aims to make sure the offender does not reoffend

12. Do you believe that if the penalty imposed on the offender is harsher it will act as a deterrent for both the guilty offender and the wider community? Why/Why not? No, it wont stop people from doing bad things. The severity of punishment, has no real deterrent effect, or the effect of reducing recidivism. Before committing a crime they dont think abiut the consequences

13. Justice Kirby identified a fundamental purpose of criminal law and sentencing in R v Ryan (2001). State what this is. A fundamental purpose of criminal law and sentencing is to denounce publicly the unlawful conduct of an offender

14. The judge in R v Zamagias referred to a suspended sentence. Explain what a suspended sentence is and its purpose. A suspended sentence is a sentence deisgned to assist in the rehab of the offender. The purpose of this is to see if they can live in the community on the condition that they do not commit another offence

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Purposes of Criminal Sanctions in Australia Comprehension Questions 15. List two factors that a judge will consider when sentencing an offender who has been found guilty of committing a crime. The risk of re-offending and the judge does not have to be satisfied beyond reasonable doubt 16. Analyse the effectiveness of a fine as a sanction. A fine as a sanction isn’t as effective as shown in the graph, it is common for offenders to reoffend after they get a fine 17. Identify two reasons why someone may commit the crime of shop theft. May be low on money, or teenagers playing a prank 18. Discuss the effects of imprisonment for commercial drug trafficking offenders. The most common year for commercial drug trafficking was 2010-11, then after it decreases. This could be because of the imposition of harsher sanction, which makes them less likely to be committed

19. A low number of offenders under the age of 30 receive a sentence of imprisonment. Give a reason for this trend. As a younger age they are given a greater opportunity for rehab 20. Review the sentences that were imposed on both Adrian Bailey and Kieran Loveridge and decide whether they deserved a longer or shorter jail term. Explain your decision in each case. I disagree with kieran’s punishment, it should be lower as he has shown remorse and there were factors that disapproved of this punishment. Although he caused the death of an Innocent person i beelive that kieran will not commit the act again, yet he deserves a punishment so he can feel pain in return for what he did. Bailey’s actions were very violent and his punishment was just right. He did it multiple times. He had no remorse and it isn’t the first time he had been found guilty of the type of offences. He should alos have no parole because his actions led him to the community not being able to feel safe, if he is in the community, it would be most likely that he will commit the act again

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Purposes of Criminal Sanctions in Australia Comprehension Questions 1. Match the purpose of criminal sanctions with the correct explanation. Purpose of a criminal sanction A. Punishment

Explanation

1. Linked to imprisonment so the offender is not a threat to the community while serving jail time

B. Deterrence

2. To show disapproval of a crime

C. Protection

3. Set an example to others as well as discourage the offender from committing more crimes

D. Denunciation

4. Offenders are given the opportunity to change their behaviour and resume a normal life free of criminal activity

E. Rehabilitation

5. The consequence of committing a crime

2. Read each of the following scenarios and state which of the five purposes of criminal sanctions the judge should focus on when issuing a sentence. Include at least one reason for your decision in each case. a) Lena is caught drink driving, this is her first offence. Rehab – first offence, may be going through something b) Mohamed is at a nightclub when he gets into a fight with another male and punches him in the face, breaking his jaw. Rehab – he can change through rehab c) Charlie is charged with murder after he kills his wife when he realises she is having an affair with his best friend. The homicide was planned. Protection – so he isn’t a threat to the community d) Sienna is caught jaywalking in the city and is issued with a fine. Punishment, so she knows the consequences e) Dina is a perpetual shop thief. She steals clothes from K-Mart all the time and has been charged twice already for shoplifting. Deterrence – so she and others knows the consequences of crimes o they dont commit them again

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