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sentencing process help!!!! (1 Viewer)
- Thread starter zazzy1234
- Start date
lychnobity
Active Member
- Joined
- Mar 9, 2008
- Messages
- 1,292
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- HSC
- 2009
Have you tried looking in the textbook?Does anyone know the sentencing process :rofl::rofl:
yeeeeeeeees i have and don't understand we even did it in class!!!!!!!!!! do u have any idea????
Justin123456789
Member
- Joined
- Jan 22, 2008
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- 62
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- Male
- HSC
- 2009
well,
firstly you have the hearing- if its an indictable offence it starts in local court to see if a prime facie case exists (enough evidence to go to a higher court) and if it does then it goes to a higher court. summary offences are dealt with in local court.
then, after the trial they have to give a decision (sentence) and they have to take into account:
1. the purpose of the punishment, circumstances of the offender, circumstances of the offence, aggravting/mitigating facotrs.
and also things like judges discretion- their guidelines and maximum penalties and such influence the sentencing process.
(refer to crime syllabus) =]
firstly you have the hearing- if its an indictable offence it starts in local court to see if a prime facie case exists (enough evidence to go to a higher court) and if it does then it goes to a higher court. summary offences are dealt with in local court.
then, after the trial they have to give a decision (sentence) and they have to take into account:
1. the purpose of the punishment, circumstances of the offender, circumstances of the offence, aggravting/mitigating facotrs.
and also things like judges discretion- their guidelines and maximum penalties and such influence the sentencing process.
(refer to crime syllabus) =]
u forgot 1 thing and that is the post sentencing for example with gang rapers who try to seek parole but are denied so parrole plays a part. and other post sentencing issues will need to risen such as home detention or restrictions placed on the offender particularly in child sex offenders