Legal 1.4 Sentencing and Punishment

sentencing hearing

a hearing following a finding of guilt in which a magistrate or judge will determine the sentence to be given to the accused

maximum penalty

set by parliament; the maximum sentence available to a court to impose for an offence; the maximum

judicial discretion

the power of a judge or magistrate to make a decision within a range of possibilities based on the particular circumstance of a case

guideline judgment

a judgment issued by the court, on the application of the Attorney-General, that will set out sentencing guidelines for a particular offence

mandatory sentencing

removal of judicial discretion by legislation, by setting a minimum or mansatory sentence for a particular offence or type of offender

deterrant

something that discourage or is intended to discourage someone from doing something

non-parole period

a period of imprisonment during which parole cannot be granted

specific deterrance

punishment against an individual offender aiming to deter them from committing crime in the future

general deterrance

punishment attempting to make an example of an offender in order to send a message to the rest of the community

retribution

punishment considered to be morally right or deserved because of the nature of the crime

rehabilitation

an objective of sentencing designed to reform the offender so that they do not commit offences in the future

recidivism

habitual or repeated acts of criminal behaviour after having undergone treatment or punishment to deter such behaviour

incapacitation

making an offender incapable of committing further offences by restricting their freedom

aggravating factor

a circumstance that makes the offence more serious; it can lead to an increased sentence

mitigating factor

a circumstance that makes the offence less severe; it can lead to a reduced sentence

victim impact statement

a statement written by the victim or victim’s family about the impact the crime has had on them; heard at the time of sentencing

gratuitous violence

excessive violence carried out without reason, cause or excuse

remorse

deep regret or sorrow for one’s wrongdoing

appellant

in an appeal case, the party who is making the appeal

appeal against conviction

an appeal where the appellant (the defendant) argues that they did not commit the offence of which they were found guilty

sentence appeal

an appeal against the severity or leniency of a sentence

caution

a formal warning without charge issued by police for less serious offences

criminal infringement notice

a notice issued by the police outside of court alleging a criminal infringement and requiring payment of a fine

fine

a monetary penalty imposed for infringement of a law

penalty unit

a specified unit of money used in legislation to describe the fine payable; currently in New South Wales, the value of one penalty unit if $110

proceeds of crime

assets (money or property) obtained by an offender through their criminal activities

forfeiture

the loss of rights to property or assets as a penalty for wrongdoing

Conditional Release Order (CRO)

an order requiring an offender to accept compulsory restrictions for up to two years, during which time the offender undertakes to regularly report to and obey directions from their community corrections officer

Community Correction Order (CCO)

a penalty that can be imposed by the court involving compulsory supervised work in the community, supervision by community corrections officers and curfews

parole

release of a prisoner before the expiry of an imprisonment term, temporarily or permanently, on the promise of good behaviour

Intensive Correction Order (ICO)

an alternative to a custodial sentence where an offender has restricted movement and must attend a rehabilitation program

diversionary program

an alternative to the traditional court system that focuses on the rehabilitation of offenderd

circle sentencing

a form of sentencing for some adult First Nations offenders, where sentencing is conducted in a circle made up of local community members and a magistrate

restorative justice

a form of sentencing involving a voluntary conference between the offender and the victim of the crime

correctional centre

commonly known as a prison, an institution where offenders are held in custody for the period of their imprisonment

preventative detention

keeping a person in custody, even though they have not committed any offence, to prevent some future harm that they may commit

continued detention

ongoing detention of a person who has already served the full sentence for their offence