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transcript
VELS Level 6
Armed Robbery
2 Sentencing Advisory Council, 2012
1. What is sentencing?
What laws guidea judge when sentencing?
Pho
to: J
ohn
Fre
nch
/ Cou
rtes
y of
The
Age
Chief Justice Marilyn Warren of the Supreme Court of Victoria
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Who is responsible for sentencing?
In Australia, responsibility for sentencing is spread between
three groups
Parliament ~ makes the laws ~
Government~ puts laws into operation ~
Courts ~ interpret the laws ~
Creates offences and decides what the maximum penalties will be
Makes the rules the courts must apply to cases
Sets up punishments for judges and magistrates to use
Apply the law within the framework set up by parliament
Set specific sentences for individual offenders
Correctional authorities (e.g. prisons) – control offenders after sentencing
Adult Parole Board – supervises offenders who are on parole
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Where is sentencing law found?
• Sentencing Act 1991
• Children, Youth and Families Act 2005
• Common law – previous court judgments
• Various Acts and Regulations creating particular offences, e.g.:
–Crimes Act 1958 deals with a range of crimes including injury offences
–Road Safety Act 1986 deals with offences related to driving under the influence of drugs or alcohol.
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Types of sentences
imprisonment
drug treatment order
suspended sentence
community correction order
fine
adjourned undertaking
Most severe
Least severe
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2. Sentencing theory
What must a judge consider when deciding what sentence to impose?
Source: Victorian Sentencing Manual, Judicial College of Victoria
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Purposes of sentencing
These are the ONLY purposes for which sentences can be given
Sentencing Act 1991, s 5(1)
PURPOSES OF SENTENCING
Community protection Deterrence
RehabilitationDenunciation
Fair punishment
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Principle of parsimony
Judges should choosethe most straightforwardsolution when sentencing
Parsimony~ taking extreme care in using resources ~
If a choice of punishmentexists a judge should take care to choose the least
severe option that will achieve the purposes of sentencing
Example If there is a choice between imposing a fine or a community correction order,
a fine should be imposed
Sentencing Act 1991, ss 5(3), 5(4), 5(5), 5(6), 5(7)
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Factors that must be considered
Sentencing Act 1991, s 5(2AC(2))
Maximum penalty& current sentencing
practice
Type of offence& how serious
Offender’sdegree of
responsibility& culpability
VictimAggravating or
mitigatingfactors
Relevant Actsof Parliament& statistical
data
Factors making the crime worse, intention, effects, method, motive,
weapons,role the offender
played
Prior offences,age, gender,race, culture,
character, mentalstate, alcohol,
drugs, gambling,personal crisis,
guilty plea
Impact of crimeon victim (e.g.psychological
or physicaltrauma), materialor financial loss
Factors thatincrease orlessen the
seriousnessof the crime
Victim impactstatement
Factors that must be considered when sentencing
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Victim Impact Statements
• If a court finds a person guilty, a victim of the offence may make a Victim Impact Statement (VIS)
• A VIS contains details of any injury, loss or damage suffered by the victim as a direct result of the offence
• A person who has made a VIS can request that it be read aloud during the sentencing hearing
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How long is a sentence?
• Cumulative sentences are sentences for two or more crimes that run one after the other, e.g. 2 x 5-year prison sentences served cumulatively = 10 years in prison
• Concurrent sentences are sentences for two or more crimes that run at the same time, e.g. 2 x 5-year prison sentences served concurrently = 5 years in prison
• The head sentence is the sentence given for each crime before a non-parole period is set
• The total effective sentence (TES) is the total sentence for all crimes once they have been made cumulative or concurrent
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Non-parole period
Non-parole period:• is set by the court
• is the part of the sentence the offender must serve in prison before being eligible for parole
• must be fixed for sentences of 2 years or more
• may be fixed for sentences of 1–2 years
• is not given if the sentence is less than 1 year
Parole is the release of a prisoner before the end of a sentence, subject to certain conditions (e.g. regular reporting to parole officer), to help him or her settle back into the community
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3. The crime and the time
What isarmed robbery?
What is themaximum penalty?
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Armed robbery
Maximum penalty
• A person is guilty of armed robbery if he or she commits any robbery and at the time has with him or her a firearm, imitation firearm, offensive weapon, explosive or imitation explosive
• A person guilty of armed robbery is guilty of an indictable offence and is liable to Level 2 imprisonment (25 years maximum) and/or a fine of 3000 penalty units.
Crimes Act 1958, s 75A(1) and (2)
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Armed robbery people sentenced
147 133 133 166 153
195182
169
209
188
0
70
140
210
2006-07 2007-08 2008-09 2009-10 2010-11
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mb
er o
f p
eop
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People sentenced Immediate custodial sentence
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Armed robbery sentence types
122 109 111134 127
2129 22
3525
1713
15
20
22
0
70
140
210
2006-07 2007-08 2008-09 2009-10 2010-11
Nu
mb
er o
f p
eop
le
Imprisonment Wholly/partially suspended Community-based orderYouth justice centre order Other
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Imprisonment by age & gender
286
188
9583
10 1119 13 11
3
140
84
0
100
200
300
18-19 20-24 25-29 30-34 35-39 40+
Age (years)
Nu
mb
er o
f p
eop
le
Male Female
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Total effective sentence & non-parole period
9
32
88
29
99
49
8
71
18
17
47
7
18
35 11
15 6
4
<1
1
2
3
4
5
6
7
8
0 1 2 3 4 5 6 7 8 9 10
Total effective sentence (years)
No
n-p
aro
le p
erio
d (
year
s)
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4. The case
What are the facts of this case?
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The offender
• Bradley Flint is 19 years old
• He was 18 at the time of the offence
• He has been found guilty of one count of armed robbery
• The maximum penalty for armed robbery is 25 years’ imprisonment
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The crime 1
• Bradley went into his local milkbar, took a can of soft drink from the fridge and went to the counter
• He took a knife from his pocket, pointed it at the female shopkeeper and said, “money, quickly”
• The shopkeeper took a $10 note from the cash register
• Bradley grabbed the $10 and ran from the store with the can of soft drink
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The crime 2
• Bradley ran down a laneway near the store where he hid the knife behind a wall
• He then caught a bus home, using the $10 note to buy his bus ticket
• He was arrested soon after and taken to the local police station and charged
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Factors for consideration
• Bradley was 18 when he committed the offence
• He pleaded guilty at the earliest opportunity
• He has 4 prior juvenile convictions for theft, driving offences and cannabis possession
• Bradley had an unstable home life as his parents separated when he was 5
• He is a regular cannabis user, a habit he started at age 11
• He left school after Year 11 and worked briefly as an apprentice bricklayer, but is now unemployed
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5. The sentence
What sentence would you give?
Photo: Department of Justice
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You decide …
What sentence would you give?• If imprisonment, what would be the head sentence
and non-parole period?
• If a community correction order, what would be the length of the order?
• If a fine, what would be the amount of the fine?
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The maximum penalty
Armed robbery
• A person found guilty of armed robbery is liable to Level 2 imprisonment and/or fine.
• Maximum 25 years and/or 3000 penalty units
Crimes Act 1958, s 75A(1) and (2)
Bradley Flint, guilty of one count of armed robbery could receive:
• possible maximum imprisonment of 25 years
• possible maximum fine of 3000 penalty units
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What the judge decided
Bradley Flint’s case, County Court
• 2 year community correction order
• Conditions– report to a Community Corrections worker for
supervision
– attend treatment for alcohol and drug addiction
– complete 100 hours of unpaid community work
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6. Conclusion
Effective sentencing achieves a balance between the interests of society, the concerns of the victim and the best interests of the offender.
The more information society has about crimes and the people involved in them, the more reasonable it is in its demands about sentencing.
Photo: Department of Justice