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Sentencing Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Sentencing notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Sentencing What are the main objectives of sentencing?

What are the general factors that affect the seriousness of the offence?

1) 2) 3) 4) 5) 6) 7)

Punishment Protection of the public Making of reparation of offenders to persons affected by their offences Reform and rehabilitation of offenders
[only for adults] Reduction in crime (by deterrence)
[only for youths under 18] prevent offending or re-offending
[only for youths] ensure the welfare of the youth The offender's culpability is a key factor when sentencing, and this is affected by a number of factors: (1) Committing offence while on bail; (2) Failure to respond to previous sentences; (3) Offence was racially or religiously aggravated; (4) Offence motivated by sexual orientation of the victim; (5) Previous convictions, particularly a pattern of re-offending; (6) Planning the offence; (7) An intention to commit more serious harm than actually resulted; (8) Offenders operating in groups or gangs; (9) 'Professional' offending; (10) Commission of the offence for financial gain; (11) High level of profit from the offence; (12) An attempt to conceal or dispose of evidence; (13) Offence committed while on licence; (14) Deliberately targeting vulnerable victims; (15) Use of a weapon to frighten or injure victim; (16) Deliberate and gratuitous violence or damage to property, over and above that required for the commission of the crime; (17) Abuse of power; and (18) Abuse of trust.

What are the common mitigating factors?
What level of discount with a defendant get if they plead guilty?
[Adult] Magistrates' Court Non-custodial Sentencing What are the options for a magistrate when sentencing?

Max. 1/3 off sentence if pleaded at first reasonable opportunity. Max. 1/4 off sentence if pleaded after trial date is set. Max. 1/10 off sentence if pleaded at 'door of court' or after trial has begun. Absolute discharge - Mags' deem it inappropriate to impose punishment Conditional discharge - Defendant ('D') is discharged on condition that he doesn't commit any further offences within a specific period (up to 3yrs). Any breach of the conditional discharge will result in D be re-sentenced for the offence. Fine - The maximum fine per offence is PS5,000, and this is for an either-way offence. Community sentences - This is a 'pick and mix' menu for the court, with option including: (a) An unpaid work requirement - between 40-300hrs, usually over the period of 12months; (b) An activity requirement - the aggregate number of days must not exceed 60; (c) A programme requirement; (d) A prohibited activity requirement; (e) A curfew requirement* - requires D staying in a specific place for a specific amount of time; can only be 6months long; (f) An exclusion requirement* - cannot be more than 2yrs; (g) A resident requirement;

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