Criminal sanctions Legal Studies 3C

Sanctions in Tasmania Sentencing Act 1997 (Tas) Section 7: Imprisonment Suspended term of imprisonment (partially or wholly) Community Service Order Probation Order (with or without a conviction) Fine (conviction recorded) Adjournment with conditions (with or without a conviction) Record a conviction and discharge the offender Dismiss the charge without conviction Impose any other sentence or make any order that the court is authorised to impose or make by this Act or any other enactment.

Purpose/aim of criminal sanctions Punishment and retribution Deterrence of offenders and others General deterrence – deter the general public Specific deterrence – deter the offender Rehabilitation of offenders Denunciation of the conduct of the offender Protection (incapacitation) Custodial sentence (prison) Non-custodial sentence (community service order)

Examples Drink driving (provisional driver) Punishment: Maximum fine $1400 and 3 – 12 month disqualification) Is the punishment stopping you from committing this offence? What if there were no punishment for this? What is the aim of the punishment in this case?

Examples Use of mobile phone while driving Punishment: $300 fine and 3 demerit points Is the punishment stopping you from committing this offence? What if there was no punishment for this? What is the aim of the punishment in this case?

Examples Drinking on private premises Private premises are places like your home or a friend’s home. You can drink on private premises even if you are under 18. If you are having a party and your guests are under 18, you must get permission from their parents before you serve them alcohol. You and your parents also have a responsibility to take care to ensure those at your party are safe and not harmed. Your parents would be expected to supervise the party and to prevent excessive drinking and other safety risks. Your parents could be fined as much as $14,000 or even go to jail. Is the punishment stopping you from committing this offence? What is the aim of the punishment in this case?

Aims of sentencing – case 1 A 69 year old woman who killed her husband after almost 50 years of physical and emotional abuse pleaded guilty to manslaughter. She killed her husband after he became angry and threatened her with an axe when she suggested that 8 am was too early to eat lunch. She picked up a saucepan and walking stick and fought back. The Supreme Court heard that she had been the ‘slave’ of her husband. The beatings began three days into their marriage and he often threatened to kill her. The woman was released on adjournment on an undertaking to be of good behaviour for a period of two years. What is the sentence and what is the aim of this sanction?

Aims of sentencing – case 2 A man who assaulted another patron at a Ballarat nightclub for trying to ‘crack on to his girlfriend’ was fined in the Ballarat Magistrates’ Court. The man, 24, pleaded guilty to one charge of unlawful assault. The victim sustained a blood nose from the attack. No other permanent damage was done. Magistrate Kay Robertson fined Pickering $1000 with conviction. What is the sentence and what is the aim of this sanction?

Aims of sentencing – case 3 A Warrnambool woman was placed on a 12 month community service order in February 2012 after pleading guilty to using and trafficking cannabis. Jennifer Faith Sutterby admitted selling cannabis to her friends and, after being assessed, was considered suitable for a community service order. The conditions imposed on Ms Sutterby include a requirement to complete 50 hours of community work, and undertake treatment and rehabilitation for her drug abuse and mental health issues. What is the sentence and what is the aim of this sanction?

Aims of sentencing – case 4 Maria Christina Clark pleaded guilty to the attempted murder of her mother, Agnes Caris, an 81 year old woman who was suffering from cancer and had been hospitalised. On the day before her death, the victim suffered a stroke, lapsed into a coma and was near death. Clark pinched her mother’s windpipe to restrict her breathing. The victim died shortly after. Clark turned herself in to the police the next day. Justice Lasry sentenced Clark to two years’ imprisonment, to be wholly suspended. What is the sentence and what is the aim of this sanction?

Aims of sentencing – case 5 On the night of 18 February 2006, Thomas Towle lost control of his car, ploughing into a group of teenagers on the side of the road. He killed six of the teenagers and seriously injured another four. Towle was found guilty of six charges of dangerous driving causing death and four charges of dangerous driving causing serious injury. Towle was sentenced to 10 years imprisonment, with a minimum period of 7 years before being eligible for parole. What is the sentence and what is the aim of this sanction?

Aims of sentencing – case 5 cont… Sentencing of Thomas Towle: Towle was sentenced to 3.5 years imprisonment on charges 1 – 6 of dangerous driving causing death. On the charges of dangerous driving causing serious injury, on each of charges 7 and 10, he was sentenced to two years imprisonment. On each of charges 8 and 9, he was sentenced to one year of imprisonment. These sentences were to be served concurrently (at the same time as another sentence).

Aims of sentencing – case 5 cont… The court ordered that one year of each of the terms of imprisonment imposed on charges 2, 3, 4, 5, 6 and six months of each of the terms of imprisonment imposed on charges 7 and 10, and three months of each of the terms of imprisonment imposed on charges 8 and 9 be served cumulatively upon the sentence imposed on charge 1 and upon each other. This made a total effective sentence on all charges of 10 years imprisonment, with a minimum period of seven years imprisonment before being eligible for parole. Cumulatively (served after another sentence).

Factors considered when sentencing Circumstances of the offence: Seriousness of the offence Prevalence of the type of offence Impact on victim – taking into account age/circumstances of victim Premeditation Degree of participation – leader, minor role? Aggravating or mitigating factors - Any damage or injury caused – Use of weapons  – Breach of trust

Factors considered when sentencing Aggravating circumstances Any circumstances surrounding the commission of a crime that increase its seriousness or add to its injurious consequences. Example aggravated assault - the crime of physically attacking another person which results in serious bodily harm and/or is made with a deadly or dangerous weapon such as a gun, knife, sword, axe or blunt instrument

Factors considered when sentencing Mitigating circumstances In criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness in deciding the degree of the offence the prosecutor charges or influencing reduction of the penalty upon conviction. Example: a young man shoots his father after years of being beaten, belittled, sworn at and treated without love. "Heat of passion" or "diminished capacity" are forms of such mitigating circumstances. (http://dictionary.law.com/default.aspx?selected=1267)

Factors considered when sentencing Circumstances of the offender: Prior Convictions, including response to previous orders Plea of guilty Remorse, demonstrated for example by: – Reparation for any injury, loss or damage made prior to sentencing Co-operation with the Police Character Background, including cultural background

Factors considered when sentencing Circumstances of the offender continued: Age Means Physical condition/ mental capacity Prospects for rehabilitation Deterrent effect that any sentence may have on the person Alcohol/drugs but only to show out of normal character Parity with like offenders Special hardship

Reading: Page 437-442 (Remember Tasmania has its own sentencing legislation – Sentencing Act 1997) Answer questions 2, 4, 5, 7 & 8 on page 442.

You be the judge Magistrates’ Court case Supreme Court case

Stories from the inside Impact on the prisoners Victim impact Aims of punishment (rehabilitation, deterrence, denunciation, punishment, protection)