Five factors help our judges decide on an appropriate penalty – just punishment, rehabilitation, deterrence, denunciation and community protection.
The main things the judge will consider are: the nature and seriousness of the crime. (If you are in court, you might hear the lawyers and the judge or magistrate discussing 'low range', 'mid-range' and 'worst case' matters. This is to help rank the seriousness of the offender's crimes against others that are similar)
Reason for committing the offence; State of mind at the time of the offence; Admission of responsibility and preparedness to make restitution; and/or.
In the justice system, pleading guilty is a mitigating factor which is considered by a judge during sentencing, meaning that there is a likelihood it will reduce your sentence.
The Prosecution must prove its case to the criminal standard of beyond reasonable doubt. The Magistrate hears all the evidence and decides the verdict. If it is a guilty verdict, the Magistrate will either impose a sentence, or set a later date for when a sentence will be imposed.
Your age, character, criminal history, health & mental condition. The nature of the offence, including whether it is trivial. The extenuating circumstances in which the offence was committed. Any other points that the Magistrate or Judge thinks is relevant.
The person's character, criminal history, age, health and mental condition, The level of triviality of the offence, Extenuating circumstances, and. Any other matter that the court thinks proper to consider.
A federal judge has the ability to give a lighter sentence if there are mitigating circumstances. This could include anything that makes the crime less serious than the sentencing guideline indicates. In some cases, the history of the defendant or certain characteristics could make them eligible for a reduced sentence.
In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.
Section 6(3) permits the Court of Criminal Appeal to impose a lesser sentence if 'some other sentence in law was warranted in law and should have been imposed'. It has been held that as a result it is not sufficient in a sentence appeal to establish that there has been an error of law in the sentence proceedings.
5 To Haines, the factors most likely to influence judicial decisions are: (1) "direct influences" which include: (a) legal and political experiences; (b) political affiliations and opinions; and (c) intellectual and temperamental traits; and (2) "indirect and remote influences" which include: (a) legal and general ...
Convicted murderers appear to serve on average between ten and twelve years in prison prior to parole or licence supervision. Other violent offenders, such as those convicted of rape or robbery serve an average of about two years in prison, while the average for other assaults is around three to six months.
Five factors help our judges decide on an appropriate penalty – just punishment, rehabilitation, deterrence, denunciation and community protection. Laws about sentencing have been made by Parliament.
To determine the objective seriousness, the judge or Magistrate must consider the facts and circumstances of the offence; and secondly, they may consider the personal circumstances where they are relevant. These are known as “subjective factors”. This article looks at the law the Court follow when sentencing offenders.
The Police Can Charge You Without Hard Evidence
The police can't charge you without any evidence at all. However, they can charge you if they have any reason to believe you may be involved in an incident or had the intent to commit a crime.
If the evidence supporting the charge is weak, then there will be greater justification for you to plead not guilty and defend the charge. Conversely if the evidence against you is strong then it is important to recognise the likelihood of being convicted and therefore the benefits of pleading guilty to the charge.
Is there any benefit in pleading guilty? If you plead guilty early on, the court may give you a discount on the penalty. There is also the possibility the magistrate will dismiss the charges and impose no penalty.
The purpose of reducing sentences when offenders plead guilty is to get them to admit their guilt as early as possible.
Local Court sentencing. Sentence proceedings in the Local Court will usually commence immediately after a plea of guilty or a finding of guilt.
the personal circumstances of the defendant; any physical or mental condition of the defendant; any history of the defendant; any other matter that would assist the court in determining sentence.
This basically means that the process is put on hold, often to allow further negotiations to occur. Your matter will be adjourned to a contested committal (committal hearing). If this occurs leave must be sought to cross-examine relevant witnesses at the committal mention stage.