Sentencing and Punishment
Understanding Sentencing and Punishment in NSW
Test your knowledge on the intricacies of sentencing and punishment within the New South Wales legal system. This quiz covers various aspects, including judicial guidelines, aggravating and mitigating factors, and the roles of different stakeholders in the sentencing process.
Key topics include:
- Judicial discretion
- Victim impact statements
- Deterrence in sentencing
- Community involvement in justice
Which of the following is true of judicial guidelines?
They are set by the parliament to structure law making processes
They are set by the NSW Law Reform Commission to provide for fairness
They are set by the Director of Public Prosecutions to guide judges in decision making
They are set by the NSW Court of Criminal Appeal to assist judges when applying discretion
When a judge refers to the maximum penalty and the standard non-parole period in sentencing, they are
Using judicial discretion
Applying judicial guidelines
Following statutory guidelines
Considering aggravating factors
The purpose of specific deterrence in sentencing is to
Direct the offender to undertake education and training
Direct the offender to complete a community service order
Discourage the offender from committing the offence again
Discourage others who may consider committing a similar offence
In sentencing an offender, the judge focuses on the importance of retribution. What is the judge’s aim in focusing on this?
To penalise the offender
To reduce future criminal behaviour
To give the offender employment skills
To educate the community about criminal behaviour
Jordyn is a homeless youth and is being sentenced for armed robbery. This is his second offence. Which of the following is a mitigating circumstance?
Jordyn’s age
Jordyn’s homelessness
Jordyn’s prior conviction
Jordyn’s use of a weapon
Which of the following would be considered an aggravating factor in the sentencing of an offender for robbery?
The offender’s young age
The offender showed remorse
The offender pleaded not guilty
The use of violence by the offender
Which of the following is true of a victim impact statement?
It allows a victim to recommend a punishment.
It provides evidence for the prosecution in the trial.
It must be given by a person against whom the offence was committed.
It must be received by the court in writing after the conviction of the defendant.
Victim impact statements in NSW
Can be presented at a bail hearing
Are compulsory for all criminal matters
Can be used by a jury to determine guilt
Can be presented at a sentencing hearing
Judy was charged with murder. Her defence of substantial impairment by abnormality of the mind was accepted. Judy was then convicted of manslaughter in a judge-only trial. She had prior serious criminal convictions and was sentenced to three years imprisonment. In this case an appeal is most likely to be made by
Judy, against her conviction for manslaughter
Judy, as the sentencing judge did not consider aggravating factors
The Director of Public Prosecutions, as the sentence was inadequate
The Director of Public Prosecutions, as the case was not heard by a jury
Daniel, a 14-year-old, is convicted of a public order offence. This is his first recorded conviction. Which of the following is the most likely penalty for Daniel?
Caution
Warning
Probation
Community service
What is the purpose of diversionary programs?
To involve the victim in sentencing
To prevent future criminal behaviour
To deter crime by increasing penalties
To remove potential offenders from society
A man is convicted of using offensive language in a public place and the magistrate imposes a punishment of three penalty units. This means the man
Must pay a sum of money
Receives three demerit points
Must serve three days in prison
Receives a variety of punishments
How does the NSW Circle Sentencing process seek to improve the sentencing of offenders?
By only applying to first time offenders
By reducing available sentencing options
By involving the community in sentencing
By requiring the victim to be involved in the sentencing process
The police hold Susan in custody because they believe she may commit a serious crime. What is this an example of?
Remand
Recidivism
Protective custody
Preventative detention
Trevor, who is not an Australian citizen, is to be released from a NSW prison after serving a sentence of two years. On his release, can Trevor be deported to his country of origin?
No, as he was sentenced by a NSW court and deportation is a federal matter
No, as the deportation should have been determined at the time of sentencing
Yes, as deportation can occur after serving a sentence of one year or more
Yes, as the judge can use discretion to order deportation as part of the sentence
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