Sentencing Snapshot. Introduction. People sentenced. Causing serious injury recklessly

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Sentencing Snapshot. Introduction. People sentenced. Causing serious injury recklessly"

Transcription

1 Sentencing Snapshot Sentencing trends in the higher courts of Victoria 28 9 to 22 June 24 No. 57 Causing serious injury recklessly Introduction This Sentencing Snapshot describes sentencing outcomes for the offence of causing serious injury recklessly and details the age and gender 2 of people sentenced for this offence in the County and Supreme Courts of Victoria between 28 9 and 22. Except where otherwise noted, the data represent sentences imposed at first instance. A person who recklessly causes serious injury to another person without lawful excuse is guilty of this offence. Recklessness requires foresight on the part of the accused of the probability that injury will occur as a consequence of his or her actions. Injury includes unconsciousness, hysteria, pain, and any substantial impairment of bodily function. Serious injury includes a combination of injuries. These definitions are not exhaustive. Causing serious injury recklessly is an indictable offence that carries a maximum penalty of 5 years imprisonment and/or a fine of,8 penalty units. Indictable offences are more serious offences triable before a judge and jury in the County or Supreme Court. Causing serious injury recklessly is also triable summarily by the Magistrates Court, if the Magistrates Court considers it appropriate and the defendant consents. Causing serious injury recklessly was the principal offence 4 in 5.9% of cases sentenced in the higher courts between 28 9 and 22. People sentenced From 28 9 to 22, 579 people were sentenced in the higher courts for a principal offence of causing serious injury recklessly. These people are the focus of this Snapshot. However, an additional 7 people were sentenced in cases that involved causing serious injury recklessly but where some other offence was the principal offence. In total, 75 people were sentenced in the higher courts for 8 charges of causing serious injury recklessly. Figure shows the number of people sentenced for the principal offence of causing serious injury recklessly by gender. Over the five years depicted, the majority of those sentenced were men (9.4% or 54 of the 579 people), including 2 of the 7 people sentenced in 22. Figure : The number of people sentenced for causing serious injury recklessly by gender, 28 9 to Male (n = 54) Female (n = 8) Sentencing Advisory Council Level, Queen Street Melbourne Victoria Australia Telephone 6 96 Facsimile

2 2 Sentence types and trends Figure 2 shows the total number of people sentenced for causing serious injury recklessly and the number who received an immediate custodial sentence. An immediate custodial sentence is one that involves at least some element of immediate (as opposed to wholly suspended) imprisonment or detention. 5 Over the five-year period, 67% of people were given an immediate custodial sentence. This peaked at 78% (8 of 7) in 22 after a low of 5% (65 of 22) in Table shows the number of people sentenced for causing serious injury recklessly from 28 9 to 22 by the types of sentences imposed. Figure 2: The number of people sentenced for causing serious injury recklessly and the number who received an immediate custodial sentence, 28 9 to People sentenced 8 Immediate custodial sentence Over the five-year period, around half of the people sentenced for causing serious injury recklessly received a period of imprisonment (5% or 4 of 579 people), while 25% received a wholly suspended sentence of imprisonment and 8% received a partially suspended sentence of imprisonment. The number and percentage of people receiving a sentence of imprisonment were lowest during 28 9 (47 of 22 people or 9%). The number of people sentenced to imprisonment was highest in 2 (69 people) while the percentage was highest during 22 (62% or 66 of 7 people). The number and percentage of people receiving a wholly suspended sentence of imprisonment were lowest during 22 ( of 7 people or %) and highest during 28 9 (45 of 22 people or 7%). The number and percentage of people given a partially suspended sentence were lowest in 22 ( of 7 people or %). The number of people given partially suspended sentences of imprisonment was highest during 28 9 and 2 ( people) while the percentage of people given partially suspended sentences of imprisonment was highest in 28 9 (% or of 22 people). Table : The number and percentage of people sentenced for causing serious injury recklessly by sentence type, 28 9 to 22 Sentence type Total Imprisonment 47 (9%) 6 (54%) 69 (55%) 62 (55%) 66 (62%) 4 (5%) Wholly suspended sentence 45 (7%) (27%) 29 (2%) 27 (24%) (%) 42 (25%) Partially suspended sentence (%) 9 (8%) (%) 9 (8%) (%) 47 (8%) Youth justice centre order (2%) 5 (4%) 7 (6%) 4 (4%) 2 (%) (5%) Community correction order 8 (7%) 2 (%) 2 (%) Community-based order 7 (6%) 2 (2%) 6 (5%) (<%) 6 (%) Mix (wholly suspended sentence and fine) 2 (2%) (<%) (<%) 4 (<%) Non-custodial supervision order (<%) (<%) (<%) (<%) Mix (imprisonment and community-based order) 2 (2%) (<%) (<%) Intensive correction order 2 (2%) (<%) (<%) Mix (imprisonment and community correction order) 2 (2%) 2 (<%) Adjourned undertaking with conviction 2 (2%) 2 (<%) Hospital security order (<%) (<%) Custodial supervision order (<%) (<%) People sentenced

3 Sentencing trends in the higher courts of Victoria 28 9 to 22 June 24 No. 57 Causing serious injury recklessly Age and gender of people sentenced Figure shows the gender of people sentenced for causing serious injury recklessly grouped by their age 6 between 28 9 and 22. The average age of people sentenced for causing serious injury recklessly was years and months. Men sentenced over this period were slightly older than women (an average age of years and months for men compared with years and 7 months for women). There were no juveniles sentenced over this period. 7 Figure : The number of people sentenced for causing serious injury recklessly by gender and age, 28 9 to Age (years) Male Female Sentence types by gender Table 2 shows the types of sentences imposed for causing serious injury recklessly grouped by gender. As shown, a higher percentage of men received a period of imprisonment (54.% compared with.6% of women) and a youth justice centre order (5.7% compared with no women). Conversely, a higher percentage of women received a wholly suspended sentence of imprisonment (5.% compared with 22.7% of men). Table 2: The number and percentage of people sentenced for causing serious injury recklessly by sentence type and gender, 28 9 to 22 Sentence type Male Female Imprisonment 292 (54%) 2 (2%) Wholly suspended sentence 2 (2%) 9 (5%) Partially suspended sentence 44 (8%) (8%) Youth justice centre order (6%) Community correction order 8 (%) 2 (5%) Community-based order 5 (%) (%) Mix (wholly suspended sentence and fine) 4 (<%) Non-custodial supervision order (<%) Mix (imprisonment and community-based order) 2 (<%) (%) Intensive correction order (<%) Mix (imprisonment and community correction order) 2 (<%) Adjourned undertaking with conviction 2 (<%) Hospital security order (<%) Custodial supervision order (<%) People sentenced 54 8

4 4 Sentence types by age As shown in Table, the three most common sentence types were imprisonment, wholly suspended sentences of imprisonment, and partially suspended sentences of imprisonment. The following analysis examines these sentence types by the offenders age group. Imprisonment As shown in Figure 4, sentences of imprisonment were most likely to be given to people aged 4 years (64% or 5 of the 78 people in this age group). Conversely, sentences of imprisonment were least common for those aged under 2 years (7% or 4 of the 2 people in this age group). Figure 4: The percentage of people who received a period of imprisonment for causing serious injury recklessly by age group, 28 9 to 22 Percentage <2 (n = 2) (n = 67) (n = 29) 4 (n = 78) (n = 72) Age group (years) (n = 4) (n = 7) (n = 2) Figure 5: The percentage of people who received a wholly suspended sentence of imprisonment for causing serious injury recklessly by age group, 28 9 to Wholly suspended sentences of imprisonment As shown in Figure 5, wholly suspended sentences of imprisonment were most likely to be given to people aged 5 years and older (8% or 2 of the 2 people in this age group). Conversely, wholly suspended sentences of imprisonment were least common for those aged 4 44 years (7% or 7 of the 4 people in this age group) and people aged under 2 years (7% or 4 of the 2 people in this age group). Partially suspended sentences of imprisonment As shown in Figure 6, partially suspended sentences of imprisonment were most likely to be given to people aged 4 44 years (5% or 6 of the 4 people in this age group). Conversely, none of the 2 people aged under 2 years received a partially suspended sentence of imprisonment. Percentage <2 (n = 2) (n = 67) (n = 29) (n = 78) (n = 72) Age group (years) (n = 4) (n = 7) 5+ (n = 2) Figure 6: The percentage of people who received a partially suspended sentence of imprisonment for causing serious injury recklessly by age group, 28 9 to 22 Percentage <2 (n = 2) (n = 67) (n = 29) 4 (n = 78). 5 9 (n = 72) Age group (years) (n = 4) (n = 7) (n = 2)

5 Sentencing trends in the higher courts of Victoria 28 9 to 22 June 24 No. 57 Causing serious injury recklessly 5 Principal and total effective sentences Two methods for describing sentence types and lengths are examined in this section. One relates to the principal sentence and examines sentences for the offence at a charge level. The other relates to the total effective sentence and examines sentences for the offence at a case level. The principal sentence is the individual sentence imposed for the charge that is the principal offence. 8 The total effective sentence in a case with a single charge is the principal sentence. The total effective sentence in a case with multiple charges is the sentence that results from the court ordering the individual sentences for each charge to be served concurrently (at the same time) or wholly or partially cumulatively (one after the other). In many cases, the total effective sentence imposed on a person will be longer than the principal sentence. Principal sentences for causing serious injury recklessly must be considered in this broader context. The following sections analyse the use of imprisonment for the offence of causing serious injury recklessly from 28 9 to 22. Principal sentence of imprisonment A total of 9 people received a principal sentence of imprisonment for causing serious injury recklessly between 28 9 and 22. Figure 7 shows these people by the length of their imprisonment term. Imprisonment terms ranged from months to 7 years (6 years after appeals are taken into account), while the median length of imprisonment was 2 years and 6 months (meaning that half of the imprisonment terms were shorter than 2 years and 6 months and half were longer). The most common range of imprisonment length was 2 to less than years (9 people). Expanding the analysis from principal sentences of imprisonment to all charges that received imprisonment, there were 46 charges of causing serious injury recklessly sentenced to imprisonment between 28 9 and 22. Imprisonment lengths ranged from 2 months to 7 years while the median was 2 years and 6 months and the most common range of imprisonment length was 2 to less than years (58 charges). Returning to principal sentences of imprisonment, as shown in Figure 8, the average length of imprisonment term imposed on people sentenced for causing serious injury recklessly ranged from 2 years and 5 months in 28 9 to 2 years and 9 months in 29 and 22. From 28 9 to 22, the majority of people who received a term of imprisonment for causing serious injury recklessly were men (296 people or 95.8%). Over the five-year period, men received a shorter average term of imprisonment (2 years and 8 months compared with years for women). Figure 7: The number of people sentenced to imprisonment for causing serious injury recklessly by length of imprisonment term, 28 9 to 22 Imprisonment length Less than year year to less than 2 years 2 to less than years to less than 4 years 4 to less than 5 years 5 to less than 6 years 6 to less than 7 years 7 to less than 8 years Figure 8: The average length of imprisonment term imposed on people sentenced for causing serious injury recklessly, 28 9 to 22 Years 4 2 2y, 5m 28 9 (n = 49) 2y, 9m 2y, 8m 2y, 8m 2y, 9m 29 (n = 6) 2 (n = 69) 2 2 (n = 6) 22 (n = 68)

6 6 Other offences finalised at the same hearing Often people prosecuted for causing serious injury recklessly face multiple charges, which are finalised at the same hearing. This section looks at the range of offences for which offenders have been sentenced at the same time as being sentenced for the principal offence of causing serious injury recklessly. Figure 9 shows the number of people sentenced for the principal offence of causing serious injury recklessly by the total number of offences for which sentences were set. The number of sentenced offences per person ranged from to 2, while the median was offence. There were people (5.8%) sentenced for the single offence of causing serious injury recklessly. The average (mean) number of offences per person sentenced for causing serious injury recklessly was 2.2. Figure 9: The number of people sentenced for the principal offence of causing serious injury recklessly by the number of sentenced offences per person, 28 9 to of offences Total (n = 579) While Figure 9 presents the number of sentenced offences for those sentenced for causing serious injury recklessly, Table shows what the accompanying offences were. It shows the number and percentage of people sentenced for the most common offences. The last column sets out the average number of offences sentenced per person. For example, 48 of the total 579 people (8.%) also received sentences for causing injury recklessly. On average, they were sentenced for.5 counts of causing injury recklessly. Table : The number and percentage of people sentenced for the principal offence of causing serious injury recklessly by the most common offences that were sentenced and the average number of those offences that were sentenced, 28 9 to 22 Offence No. % Average Causing serious injury recklessly Causing injury recklessly Affray Common law assault Theft Intentionally damage/destroy property Aggravated burglary Make threat to kill Causing injury intentionally Armed robbery 8..5 People sentenced Total effective sentence of imprisonment There were 9 people given a total effective sentence of imprisonment. 9 Figure shows the number of people sentenced to imprisonment for causing serious injury recklessly between 28 9 and 22 by length of total effective sentence. The length of total effective sentences ranged from months to 8 years, while the median total effective length of imprisonment was years (meaning that half of the total effective sentence lengths were below years and half were above). The most common range of total effective imprisonment length was 2 to less than years (97 people).

7 Sentencing trends in the higher courts of Victoria 28 9 to 22 June 24 No. 57 Causing serious injury recklessly 7 Non-parole period When a person is sentenced to a term of immediate imprisonment of one year or more, the court has the discretion to fix a non-parole period. Where a non-parole period is fixed, the person must serve that period before becoming eligible for parole. Where no non-parole period is set by the court, the person must serve the entirety of the imprisonment term. Under section (4) of the Sentencing Act 99 (Vic), if a court sentences an offender to imprisonment in respect of more than one offence, the non-parole period set by the court must be in respect of the total effective sentence of imprisonment that the offender is liable to serve under all the sentences imposed. In many cases, the non-parole period will be longer than the individual principal sentence for causing serious injury recklessly. Sentences and nonparole periods must be considered in this broader context. Of the 9 people who were sentenced to imprisonment for causing serious injury recklessly, 2 were eligible to have a non-parole period fixed. Of these people, 295 were given a non-parole period (98%). Figure shows the number of people sentenced to imprisonment for causing serious injury recklessly between 28 9 and 22 by length of non-parole period. Non-parole periods ranged from months to 5 years and 4 months, while the median length of the non-parole period was year and 6 months (meaning that half of the non-parole periods were below year and 6 months and half were above). The most common range of non-parole period imposed was to less than 2 years (8 people). Total effective sentences of imprisonment and non-parole periods Figure 2 presents the average (mean) length of total effective sentences of imprisonment compared with the average length of non-parole periods for all people from 28 9 to 22. From 28 9 to 22, the average length of total effective sentences for all people ranged from 2 years and months in 28 9 to years and 2 months in 29, 2 2, and 22. Over the same period, the average length of non-parole periods ranged from year and 7 months in 28 9 and 2 to year and months in 29 and 22. Over the five-year period, the average total effective imprisonment length for men was years and month, while for women it was years and months. The average non-parole period was year and 8 months for both men and women in this period. Figure : The number of people sentenced to imprisonment for causing serious injury recklessly by length of total effective imprisonment term, 28 9 to 22 Total effective imprisonment length Less than year year to less than 2 years 2 to less than years to less than 4 years 4 to less than 5 years 5 to less than 6 years 6 to less than 7 years 7 to less than 8 years 8 to less than 9 years Figure : The number of people sentenced to imprisonment for causing serious injury recklessly by length of non-parole period, 28 9 to 22 Non-parole period Less than year year to less than 2 years 2 to less than years to less than 4 years 4 to less than 5 years 5 to less than 6 years No non-parole period Figure 2: The average total effective sentence and the average non-parole period imposed on people sentenced to imprisonment for causing serious injury recklessly, 28 9 to 22 Years 4 2 2y, m y, 7m y, 2m y, m 2y, m y, 7m y, 2m y, 9m y, 2m y, m Average TES length Average non-parole period

8 8 Total effective sentence of imprisonment by non-parole period While Figures and present the lengths of the total effective sentences and non-parole periods separately, Figure combines the two methods of describing sentence lengths in the one diagram. It shows the total effective sentence and non-parole period for causing serious injury recklessly for each individual person. The centre of each bubble on the chart represents a combination of imprisonment length and non-parole period, while the size of the bubble reflects the number of people who received that particular combination. Sentence lengths and non-parole periods that are longer than one year are rounded down to the nearest year of imprisonment, while sentence lengths and non-parole periods of less than one year are grouped into the < year category. For example, a sentence length of 2 years and 6 months would be included as a sentence length of 2 years for the purposes of Figure. As shown, the most common combination of imprisonment length and non-parole period imposed was 2 years with a non-parole period of year (85 people as represented by the largest bubble on the chart). The length of imprisonment ranged from months with no non-parole period to 8 years with a non-parole period of 5 years and 4 months. Figure : The number of people sentenced to imprisonment for causing serious injury recklessly by the total effective sentence and the non-parole period imposed, 28 9 to 22 No NPP of people Imprisonment (n = 5) Non-parole period (years) 4 2 < < Total effective sentence (years) Note: No NPP refers to no non-parole period.

9 Sentencing trends in the higher courts of Victoria 28 9 to 22 June 24 No. 57 Causing serious injury recklessly 9 Suspended sentences of imprisonment There were 9 people given a suspended sentence of imprisonment as their total effective sentence. Of these, 46 people had their prison sentence wholly suspended and 47 received a partially suspended sentence of imprisonment. Figure 4 shows the number of people with a suspended sentence of imprisonment as their total effective sentence by the suspended sentence type and length of sentence. The green bubbles to the left of the vertical axis show the lengths of the wholly suspended sentences, while the grey bubbles to the right of the vertical axis show the combination of total imprisonment length and the suspended period for those sentenced to a partially suspended sentence. The size of the bubble reflects the number of people who received either the wholly or the partially suspended prison term. Imprisonment lengths and suspended periods that end part way through a month are rounded down to the nearest complete month. For example, a wholly suspended sentence of 6 months and 2 days would be included as a sentence length of 6 months for the purposes of Figure 4. Wholly suspended sentence lengths ranged from 2 months to years. The most common wholly suspended sentence length was 2 years ( people as represented by the largest green bubble on the chart). The most common partially suspended sentence combination was 2 years with year and 6 months suspended (7 people as represented by the largest grey bubble on the chart). Figure 4: The number of people given a wholly or partially suspended sentence of imprisonment for causing serious injury recklessly by sentence type and length, 28 9 to 22 Wholly suspended sentences Partially suspended sentences y Wholly suspended sentences (n = 46) Suspended period (years) 2y, 6m 2y y, 6m y 6 8 Partially suspended sentences (n = 47) 7 2 6m m 6m y y, 6m 2y 2y, 6m y Total imprisonment period (years)

10 Community-based orders There were 6 people given a community-based order as their total effective sentence. Figure 5: The number of people sentenced to a communitybased order for causing serious injury recklessly by length of order imposed, 28 9 to 22 The length of community-based orders for causing serious injury recklessly ranged from year to 2 years, while the most common length was 2 years (7 people). year year and months 5 Community correction orders Community correction orders were introduced in early 22 to replace community-based orders and intensive correction orders. A feature of community correction orders is that the sentence length on the order can be as high as the statutory maximum of the offence being sentenced. From 28 9 to 22, 2 people sentenced for the principal offence of causing serious injury recklessly were given a community correction order. The length of community correction orders ranged from year to 4 years. The most commonly used community correction order length was 2 years (given to 7 people or 5%). Fines This analysis includes all fines that were imposed for cases where causing serious injury recklessly was the principal offence. Fines were imposed on 29 people. The fine amount imposed ranged from $2 to $5,, with a median of $5 (meaning that half of the values fell below $5 and half of the values were above $5). The average (mean) fine amount was $959. The average fine amount imposed against the 27 males was $99, much higher than the average fine for the 2 females ($5). year and 6 months 2 years Total (n = 6) Figure 6: The number of people who received a fine for causing serious injury recklessly by fine amount, 28 9 to 22 Fine amount $ $99 $2 $99 $4 $599 $6 $799 $8 $999 $, $,99 $,2 $,99 $,4 $,599 $, Total (n = 29)

11 Sentencing trends in the higher courts of Victoria 28 9 to 22 June 24 No. 57 Causing serious injury recklessly Appeals A sentence imposed on a person may be appealed 2 by that person or by the Crown. A person sentenced may also appeal against their conviction. All appeals made in relation to people sentenced in the higher courts are determined by the Court of Appeal. Up to June 2, people sentenced for a principal offence of causing serious injury recklessly in the period 28 9 to 22 successfully appealed their conviction (2 retrials were ordered on imprisonment sentences, and a wholly suspended sentence was quashed). Thus, the number of people sentenced for causing serious injury recklessly in this period was reduced to 576 people once appeals are considered. As a result of successful appeals against sentence, the total effective sentence and/or the non-parole period changed for 7 people. Twelve of these appeals were made by the person sentenced and resulted in a sentence reduction. The longest total effective imprisonment term to be reduced was a sentence of 7 years, which decreased to 5 years. Four successful appeals were made by the Crown. The principal sentence changed for people as a result of a successful appeal. The longest principal sentence of imprisonment reduced was 7 years, which decreased to 5 years. The only principal sentence of imprisonment to increase changed from 2 years to years and 4 months. With the original sentencing data revised to incorporate appeal outcomes, the adjusted longest total effective imprisonment term was unchanged at 8 years. The adjusted longest non-parole period was unchanged at 5 years and 4 months. The adjusted longest principal sentence of imprisonment was changed at 6 years. Summary Between 28 9 and 22, 579 people were sentenced for causing serious injury recklessly in the higher courts. Over this period, the majority of people sentenced were men (9%), while 94% were between the age of 8 and 5 years. Around half of the people sentenced for causing serious injury recklessly received a period of imprisonment (5%), while 25% received a wholly suspended sentence of imprisonment and 8% received a partially suspended sentence of imprisonment. Men were more likely than women to be sentenced to a period of imprisonment or a youth justice centre order. Conversely, women were more likely to be sentenced to a wholly suspended sentence of imprisonment. Imprisonment was more common for those aged between 25 and 4 years and wholly suspended sentences of imprisonment were more common for those older than 5 years of age. Each of the 579 people was sentenced for an average of 2.2 offences, including.6 offences of causing serious injury recklessly. The most common offence finalised in conjunction with causing serious injury recklessly was causing injury recklessly (8.% of all cases). The number and range of offences for which people with a principal offence of causing serious injury recklessly were sentenced help explain why imprisonment sentence lengths were longer for the total effective sentence than for the principal sentence. The median total effective imprisonment length was years, while the median principal imprisonment length was 2 years and 6 months. Total effective imprisonment lengths ranged from months with no non-parole period to 8 years with a non-parole period of 5 years and 4 months. The most common sentence of imprisonment was 2 years with a non-parole period of year. The most common partially suspended sentence length was 2 years with year and 6 months suspended, while the most common wholly suspended sentence length was 2 years. A small number of people were able to successfully appeal against their sentences. When the results of the appeal outcomes are incorporated into the original sentencing data, the range of total effective imprisonment length was unchanged at months to 8 years while the range of principal imprisonment sentence length changed to months to 6 years.

12 2 Endnotes. This series of reports includes custodial and non-custodial supervision orders imposed under Part 5 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 997 (Vic) as sentencing orders and in the count of people sentenced. These orders are not sentencing orders, as they are imposed in cases where the defendant is not guilty because of mental impairment. However, they are included in this report as they are an important form of disposition of criminal charges. This Sentencing Snapshot is an update of Sentencing Snapshot no. 26, which describes sentencing trends for causing serious injury recklessly between 24 5 and The information source for sentencing outcomes for causing serious injury recklessly only contains information on age and gender characteristics. No other demographic analysis is possible using this data source.. The source data for the statistical information presented in this Snapshot were provided by the Business Intelligence area of the Courts and Tribunals unit within the Department of Justice (Vic). The Sentencing Advisory Council regularly undertakes extensive quality control measures for current and historical data. While every effort is made to ensure that the data analysed in this report are accurate, the data are subject to revision. 4. If a person is sentenced for a case with a single charge, the offence for that charge is the principal offence. If a person is sentenced for more than one charge in a single case, the principal offence is the offence for the charge that attracted the most serious sentence according to the sentencing hierarchy. 5. Immediate custodial sentence includes imprisonment, partially suspended sentence, youth justice centre order, mix (imprisonment and community-based order), mix (imprisonment and community correction order), hospital security order, and custodial supervision order. 6. Age is as at the time of sentencing. 7. Some defendants who were under the age of 8 at the time of committing the alleged offence and who were not 9 years or older at the time proceedings commenced may have been dealt with in the Children s Court of Victoria. 8. Refer to Endnote All of the 9 people who were sentenced to imprisonment as the principal sentence were also given imprisonment as the total effective sentence.. A total of 7 people were not eligible for parole because they were given a total effective sentence length of less than one year.. Four people were not given a non-parole period relating to that case alone, but a non-parole period that also related to other cases. It is not possible to determine the length of the non-parole period that relates to these cases. The non-parole periods for these people are excluded from the analysis. A non-parole period was not set for people who were eligible for a non-parole period. 2. Appeals data were collected by the Sentencing Advisory Council from transcripts of sentencing remarks of criminal appeals on the Australasian Legal Information Institute s website <www.austlii.gov.au>. Authored by Zsombor Bathy, Data Analyst, Sentencing Advisory Council. Published by the Sentencing Advisory Council, Melbourne Victoria Australia. Copyright State of Victoria, Sentencing Advisory Council, June 24. ISSN (Online) Authorised by the Sentencing Advisory Council, Level, Queen Street, Melbourne. Disclaimer: The Sentencing Advisory Council draws data for the Sentencing Snapshots from a variety of sources. All original data sources are noted. The Sentencing Advisory Council makes every effort to ensure that data used in the Sentencing Snapshots are accurate at the time of publishing. Copies of Sentencing Snapshots can be downloaded from our website at

Sentencing outcomes for trafficking drugs in the Magistrates Court of Victoria

Sentencing outcomes for trafficking drugs in the Magistrates Court of Victoria February 2009 Barry Woodhouse Sentencing outcomes for trafficking drugs in the Magistrates Court of Victoria Summary Contents Summary 1 Introduction 2 Trends 2 People sentenced 3 Overview of sentencing

More information

The Criminal Justice Diversion Program in Victoria

The Criminal Justice Diversion Program in Victoria A statistical profile October 28 Geoff Fisher The Criminal Justice Diversion Program in Victoria Contents Abstract 1 Introduction 2 The Criminal Justice Diversion Program (CJDP) 2 Diversion and Sentencing

More information

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.

More information

Structure of the criminal courts in Australia

Structure of the criminal courts in Australia C R I M I N A L C O U RT S 3 Structure of the criminal courts in Australia There is a hierarchy of criminal courts at both the commonwealth and the state or territory levels: Magistrates courts: a lower

More information

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................

More information

Causing Serious Injury Recklessly and Intentionally Current Sentencing Practices

Causing Serious Injury Recklessly and Intentionally Current Sentencing Practices Causing Serious Injury Recklessly and Intentionally Current Sentencing Practices Sentencing Advisory Council September 2011 Published by the Sentencing Advisory Council Melbourne, Victoria, Australia This

More information

Major Driving Offences Current Sentencing Practices

Major Driving Offences Current Sentencing Practices Major Driving Offences Current Sentencing Practices The Sentencing Advisory Council bridges the gap between the community, the courts, and the government by informing, educating, and advising on sentencing

More information

You be the Judge. Sentencing Law in Tasmania. General Sentencing Principles

You be the Judge. Sentencing Law in Tasmania. General Sentencing Principles You be the Judge Sentencing Law in Tasmania Sentencing Law & Purposes SENTENCING LAW - SOURCES Sentencing Act 1997 (TAS) Youth Justice Act 1997 (TAS) Crimes Act 1914 (Cwth) Common law (case law; previous

More information

A. APPLICABILITY OF GUIDELINE

A. APPLICABILITY OF GUIDELINE 1 Reduction in Sentence for a Guilty Plea Draft Guideline A. APPLICABILITY OF GUIDELINE The Sentencing Council issues this guideline as a draft guideline in accordance with section 120 of the Coroners

More information

Men and Women. and the. Criminal Justice System

Men and Women. and the. Criminal Justice System , Men and Women and the Criminal Justice System Appraisal of published Statistics PARITY Briefing Paper September 213 Foreword Are men and women treated equally by the Criminal Justice System in England

More information

Offenders on Indeterminate Sentences

Offenders on Indeterminate Sentences Offenders on Indeterminate Sentences Introduction Prisoners serving sentences of Life Imprisonment and Preventive Detention form a distinct sub-set of the prisoner population. The following pages provide

More information

Chapter 6. Commonwealth offences

Chapter 6. Commonwealth offences Chapter 6 Commonwealth offences Chapter 6 Commonwealth offences A. Introduction.... (6-1) B. Jurisdiction... (6-2 6-5) C. Common offences index.... (6-6 6-7) D. Sentencing.... (6-8 6-12) E. Appeals...

More information

INTRODUCTION TO UNIT 4 ESSENTIAL KNOWLEDGE CRIMINAL DISPUTES

INTRODUCTION TO UNIT 4 ESSENTIAL KNOWLEDGE CRIMINAL DISPUTES INTRODUCTION TO UNIT 4 ESSENTIAL KNOWLEDGE The focus of Unit 4 is on the way in which criminal cases and civil disputes are resolved through the Victorian legal system. Consideration is given to the dispute

More information

The Criminal Procedure Rules Part 5 as in force on 7 April 2014 PART 5 FORMS AND COURT RECORDS

The Criminal Procedure Rules Part 5 as in force on 7 April 2014 PART 5 FORMS AND COURT RECORDS Contents of this Part PART 5 FORMS AND COURT RECORDS Section 1: forms Forms rule 5.1 Forms in Welsh rule 5.2 Signature of forms rule 5.3 Section 2: court records Duty to make records rule 5.4 Recording

More information

Psychoactive Substances Act 2016

Psychoactive Substances Act 2016 Psychoactive Substances Act 2016 CHAPTER 2 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately Psychoactive Substances Act 2016 CHAPTER 2 CONTENTS

More information

Chapter 938 of the Wisconsin statutes is entitled the Juvenile Justice Code.

Chapter 938 of the Wisconsin statutes is entitled the Juvenile Justice Code. Juvenile Justice in Wisconsin by Christina Carmichael Fiscal Analyst Wisconsin Chapter 938 of the Wisconsin statutes is entitled the Juvenile Justice Code. Statute 938.1 of the chapter states that it is

More information

CAYMAN ISLANDS. Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW.

CAYMAN ISLANDS. Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW. CAYMAN ISLANDS Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW (2015 Revision) Law 26 of 2006 consolidated with 19 of 2012. Revised under

More information

Victims of Crime Act

Victims of Crime Act Victims of Crime Act PURPOSE Recognizing the state's concern for victims of crime, it is the purpose of the Victims of Crime Act [31-26-1 NMSA 1978] to assure that: A. the full impact of a crime is brought

More information

ANDRE VINCENT DI CIOCCIO --- MACAULAY J

ANDRE VINCENT DI CIOCCIO --- MACAULAY J IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMON LAW DIVISION LEGAL SERVICES BOARD (ABN 82 518 945 610) Not Restricted S CI 2010 2289 Plaintiff v ANDRE VINCENT DI CIOCCIO Defendant --- JUDGE: MACAULAY

More information

Criminal Justice and Courts Act 2015

Criminal Justice and Courts Act 2015 Criminal Justice and Courts Act 2015 CHAPTER 2 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 2 7. 50 Criminal Justice and Courts Act 2015

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

Suspended Sentences. Discussion Paper Summary. Have Your Say. Tell the Council what you think about suspended sentences BACKGROUND TO THIS REVIEW

Suspended Sentences. Discussion Paper Summary. Have Your Say. Tell the Council what you think about suspended sentences BACKGROUND TO THIS REVIEW Suspended Sentences Discussion Paper Summary Have Your Say Tell the Council what you think about suspended sentences The has been asked by the Attorney-General, the Honourable Rob Hulls, MP to report on

More information

YOUTH LEGAL CENTRE. Victims compensation. 1 Introduction. 2 Eligibility

YOUTH LEGAL CENTRE. Victims compensation. 1 Introduction. 2 Eligibility YOUTH LEGAL CENTRE Victims compensation 1 Introduction The New South Wales victims compensation scheme allows victims of violent crime to receive: counselling financial compensation injuries suffered payment

More information

The Criminal Procedure Rules October 2015 PART 9 ALLOCATION AND SENDING FOR TRIAL

The Criminal Procedure Rules October 2015 PART 9 ALLOCATION AND SENDING FOR TRIAL Contents of this Part PART 9 ALLOCATION AND SENDING FOR TRIAL General rules When this Part applies rule 9.1 Exercise of magistrates court s powers rule 9.2 Matters to be specified on sending for trial

More information

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Act No. 40 of 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 Short title....................................................

More information

Criminal Justice Statistics Quarterly Update to March 2013

Criminal Justice Statistics Quarterly Update to March 2013 / Criminal Justice Statistics Quarterly Update to 2013 England and Wales Ministry of Justice Statistics bulletin Published 22 August 2013 Contents Contents... 1 Introduction... 2 Executive summary... 4

More information

YOUTH LEGAL CENTRE. Bail. 1 What is bail? 2 Does bail apply in all criminal cases?

YOUTH LEGAL CENTRE. Bail. 1 What is bail? 2 Does bail apply in all criminal cases? YOUTH LEGAL CENTRE Bail 1 What is bail? Bail is an agreement entered into by a person accused of a criminal offence ( the accused or the defendant ). By signing a bail acknowledgement, the accused person

More information

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue shoplifting Guidance for police in England and Wales First publication: June 2014 1 Introduction 1.

More information

Sentencing Severity for Serious and Significant Offences: A Statistical Report

Sentencing Severity for Serious and Significant Offences: A Statistical Report September 2011 Sentencing Advisory Council Geoff Fisher Sentencing Severity for Serious and Significant Offences: A Statistical Report Contents Introduction Introduction 1 Methodology 7 Offence rank 11

More information

INFORMATION ABOUT APPEALS TO THE NSW COURT OF CRIMINAL APPEAL

INFORMATION ABOUT APPEALS TO THE NSW COURT OF CRIMINAL APPEAL INFORMATION ABOUT APPEALS TO THE NSW COURT OF CRIMINAL APPEAL RIGHT TO APPEAL A person who has been convicted or found guilty of a crime may lodge an appeal to the Court of Criminal Appeal (CCA) against

More information

Title 17-A: MAINE CRIMINAL CODE

Title 17-A: MAINE CRIMINAL CODE Title 17-A: MAINE CRIMINAL CODE Chapter 51: SENTENCES OF IMPRISONMENT Table of Contents Part 3.... Section 1251. IMPRISONMENT FOR MURDER... 3 Section 1252. IMPRISONMENT FOR CRIMES OTHER THAN MURDER...

More information

SUBMISSION TO THE SENTENCING ADVISORY COMMITTEE: SUSPENDED SENTENCES

SUBMISSION TO THE SENTENCING ADVISORY COMMITTEE: SUSPENDED SENTENCES SUBMISSION TO THE SENTENCING ADVISORY COMMITTEE: SUSPENDED SENTENCES December 2007 Belinda Lo William Crawford Fitzroy Legal Service 124 Johnston Street FITZROY 3065 Phone: (03) 9419 3744 Fax: (03) 9416

More information

Assault Definitive Guideline DEFINITIVE GUIDELINE

Assault Definitive Guideline DEFINITIVE GUIDELINE Assault Definitive Guideline DEFINITIVE GUIDELINE Assault Definitive Guideline 1 Contents Applicability of guideline 2 Causing grievous bodily harm with intent to do grievous bodily harm/wounding with

More information

Defendants charged with serious violent and sexual offences (including murder)

Defendants charged with serious violent and sexual offences (including murder) Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that

More information

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process 1 Contents Introduction How to report a fraud What happens when you report a fraud? The investigation process Who decides if the case should go to court? What is a non-court disposal? What happens at

More information

Criminal Justice (Scotland) Bill [AS INTRODUCED]

Criminal Justice (Scotland) Bill [AS INTRODUCED] Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following

More information

Criminal Justice and Courts Bill

Criminal Justice and Courts Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Ministry of Justice, are published separately as Bill 169 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Chris Grayling has made the

More information

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram...

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram... A Guide to the Homicide Criminal Justice Process P a g e 2 TABLE OF CONTENTS Homicide Case Flowchart...3 Overview of Homicide Trial...4 Location of Local Court Houses...5 General Courtroom Diagram...6

More information

Rehabilitation of Offenders Act 1974

Rehabilitation of Offenders Act 1974 Rehabilitation of Offenders Act 1974 CHAPTER 53 ARRANGEMENT OF SECTIONS section 1. Rehabilitated persons and spent convictions. 2. Rehabilitation of persons dealt with in service disciplinary proceedings.

More information

Advice to Applicants to HM Armed Forces

Advice to Applicants to HM Armed Forces Mod Form 493 (Revised 03/14) Rehabilitation of Offenders Act 1974 * with 2014 Amendments Advice to Applicants to HM Armed Forces * For Northern Ireland the Rehabilitation of Offenders (Northern Ireland)

More information

Drug Offences Definitive Guideline DEFINITIVE GUIDELINE

Drug Offences Definitive Guideline DEFINITIVE GUIDELINE Drug Offences Definitive Guideline DEFINITIVE GUIDELINE Drug Offences Definitive Guideline 1 Contents Applicability of guideline 2 Fraudulent evasion of a prohibition by bringing into or taking out of

More information

DRIVER LICENCE DISQUALIFICATION REFORM

DRIVER LICENCE DISQUALIFICATION REFORM Submission No 23 DRIVER LICENCE DISQUALIFICATION REFORM Organisation: Legal Aid NSW Name: Ms Pilar Lopez Position: Solicitor Date Received: 26/07/2013 INQUIRY INTO DRIVER LICENCE DISQUALIFICATION REFORM

More information

Legal Studies. Total marks 100

Legal Studies. Total marks 100 2014 HIGHER SCHOOL CERTIFICATE EXAMINATION Legal Studies Total marks 100 Section I Pages 2 6 20 marks Attempt Questions 1 20 Allow about 30 minutes for this section General Instructions Reading time 5

More information

WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS?

WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? This factsheet relates to those who are 18 or over. If you are 17 or under, please see our separate factsheet for the Youth Court. Where will

More information

Burglary Offences Definitive Guideline DEFINITIVE GUIDELINE

Burglary Offences Definitive Guideline DEFINITIVE GUIDELINE Burglary Offences Definitive Guideline DEFINITIVE GUIDELINE Burglary Offences Definitive Guideline 1 Contents Applicability of guideline 2 Aggravated burglary (Theft Act 1968, section 10) 3 Domestic burglary

More information

HOTTOPICS. 10 Sentencing Options Custodial penalties non-custodial penalties other ways of dealing with offenders.

HOTTOPICS. 10 Sentencing Options Custodial penalties non-custodial penalties other ways of dealing with offenders. HOTTOPICS 2005 > TOPICS 55 LEGAL ISSUES IN PLAIN LANGUAGE This is the fifty-fifth in the series Hot Topics: legal issues in plain language, published by the Legal Information Access Centre (LIAC). Hot

More information

Victims of Crime. information leaflet. Working together for a safer Scotland

Victims of Crime. information leaflet. Working together for a safer Scotland Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support

More information

Adult Plea Negotiation Guidelines

Adult Plea Negotiation Guidelines From the office of the Rice County Attorney: Adult Plea Negotiation Guidelines Revision June, 2004 1. These guidelines apply to any adult felony defendant case prosecuted by this office, which is not disposed

More information

Criminal Justice Statistics Quarterly Update to March 2015 England and Wales

Criminal Justice Statistics Quarterly Update to March 2015 England and Wales Criminal Justice Statistics Quarterly Update to March 2015 England and Wales Ministry of Justice Statistics bulletin Published 13 August 2015 1 Contents Contents...2 Introduction...3 Data Sources...4 Key

More information

Offender Rehabilitation Act 2014

Offender Rehabilitation Act 2014 Offender Rehabilitation Act 2014 CHAPTER 11 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 9. 75 Offender Rehabilitation Act 2014 CHAPTER 11

More information

Restoration of Civil Rights. Helping People regain their Civil Liberties

Restoration of Civil Rights. Helping People regain their Civil Liberties Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled

More information

Proven Reoffending Statistics Quarterly Bulletin July 2013 to June 2014, England and Wales. Ministry of Justice Statistics Bulletin

Proven Reoffending Statistics Quarterly Bulletin July 2013 to June 2014, England and Wales. Ministry of Justice Statistics Bulletin Proven Reoffending Statistics Quarterly Bulletin July 2013 to June 2014, England and Wales Ministry of Justice Statistics Bulletin 28 April 2016 Contents Introduction... 3 Key findings... 5 Main report...

More information

ALLOCATING CRIME FOR TRIAL IN ENGLAND AND WALES

ALLOCATING CRIME FOR TRIAL IN ENGLAND AND WALES 2003] Allocating Crime in England and Wales 32 ALLOCATING CRIME FOR TRIAL IN ENGLAND AND WALES THE HON. MR. JUSTICE CHRISTOPHER PITCHERS * I. GENERAL A. BY OFFENCE TYPE There are three types of offence:

More information

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT Contents of this Part PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT When this Part applies rule 37.1 General rules rule 37.2 Procedure on plea of not guilty rule 37.3 Evidence of a witness in person

More information

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 About this guidance An overview of appeals Appeals relating to immigration enforcement investigation cases The

More information

Who benefits from the Rehabilitation of Offenders Act and how?

Who benefits from the Rehabilitation of Offenders Act and how? What is the Rehabilitation of Offenders Act 1974? The Rehabilitation of Offenders Act 1974 exists to support the rehabilitation into employment of reformed offenders who have stayed on the right side of

More information

Have New South Wales criminal courts become more lenient in the past 20 years?

Have New South Wales criminal courts become more lenient in the past 20 years? NSW Bureau of Crime Statistics and Research Bureau Brief Have New South Wales criminal courts become more lenient in the past 20 years? Karen Freeman Issue paper no. 101 March 2015 Aim: To investigate

More information

ADVOCATES AND SOLICITORS EXAMINATIONS COMMON EXAMINATIONS Civil Procedure and Criminal Procedure

ADVOCATES AND SOLICITORS EXAMINATIONS COMMON EXAMINATIONS Civil Procedure and Criminal Procedure IMPORTANT NOTES ADVOCATES AND SOLICITORS EXAMINATIONS COMMON EXAMINATIONS Civil Procedure and Criminal Procedure April 2005 1. Please write legibly unreadable papers may result in lost marks. 2. Your written

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

2010 CRIMINAL CODE SENTENCING PROVISIONS. Effective July 29, 2010

2010 CRIMINAL CODE SENTENCING PROVISIONS. Effective July 29, 2010 010 CRIMINAL CODE SENTENCING PROVISIONS Effective July 9, 010-0- GENERAL CRIMES SENTENCING RANGES Class NON-DANGEROUS OFFENSES ( 13-70) First Offense ( 13-70(D)) MIT* MIN P MAX AGG* 3 4 5 10 1.5 3.5 3.5

More information

Criminal convictions and their lifelong impact....real or imagined?

Criminal convictions and their lifelong impact....real or imagined? Criminal convictions and their lifelong impact...real or imagined? How will this affect me? Short answer: It depends May depend on: Age of offender (at time of offence and conviction) Age Under 17 at time

More information

10 Victims and the law 57

10 Victims and the law 57 10 Victims and the law 57 10: Victims and the law This section gives a summary of the law in relation to victims of crime. Introduction The court may call a victim as a witness in a criminal case. However,

More information

Amendments to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Equality Impact Assessment

Amendments to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Equality Impact Assessment Amendments to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Equality Impact Assessment Introduction This Equality Impact Assessment (EIA) relates to amendments to the Legal Aid, Sentencing

More information

Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room

Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room Legal Aid NSW, July 2012 Presented by Andrew Bide and Clare Magni, Solicitors,

More information

S G C Sentencing Guidelines Council Robbery Definitive Guideline

S G C Sentencing Guidelines Council Robbery Definitive Guideline S G C Sentencing Guidelines Council Robbery Definitive Guideline FOREWORD In accordance with section 170(9) of the Criminal Justice Act 2003, the Sentencing Guidelines Council issues this guideline as

More information

Colorado Legislative Council Staff

Colorado Legislative Council Staff Colorado Legislative Council Staff Room 029 State Capitol, Denver, CO 80203-1784 (303) 866-3521 FAX: 866-3855 TDD: 866-3472 MEMORANDUM October 9, 2012 TO: Interested Persons FROM: Hillary Smith, Research

More information

AT MELBOURNE CRIMINAL DIVISION Case No. CR-13-00180 --- HIS HONOUR CHIEF JUDGE ROZENES. Melbourne REASONS FOR SENTENCE ---

AT MELBOURNE CRIMINAL DIVISION Case No. CR-13-00180 --- HIS HONOUR CHIEF JUDGE ROZENES. Melbourne REASONS FOR SENTENCE --- !Und efined Boo kmark, I IN THE COUNTY COURT OF VICTORIA Revised (Not) Restricted Suitable for Publication AT MELBOURNE CRIMINAL DIVISION Case No. CR-13-00180 DIRECTOR OF PUBLIC PROSECUTIONS v GREGORY

More information

CRIMINAL JUSTICE GLOSSARY

CRIMINAL JUSTICE GLOSSARY CRIMINAL JUSTICE GLOSSARY ACQUITTAL: a judgment of a court, based either on the verdict of a jury or a judicial officer, that the defendant is not guilty of the offense(s) for which he or she was tried.

More information

Increasing the Magistrates Court fine limit Equality Impact Assessment

Increasing the Magistrates Court fine limit Equality Impact Assessment Increasing the Magistrates Court fine limit Equality Impact Assessment Introduction The Ministry of Justice tabled Government amendments at the Commons Report stage of the Legal Aid, Sentencing and Punishment

More information

Colorado Legislative Council Staff Fiscal Note STATE and LOCAL FISCAL IMPACT. Date: Bill Status: Fiscal Analyst:

Colorado Legislative Council Staff Fiscal Note STATE and LOCAL FISCAL IMPACT. Date: Bill Status: Fiscal Analyst: Colorado Legislative Council Staff Fiscal Note STATE and LOCAL FISCAL IMPACT Drafting Number: Prime Sponsor(s): LLS 15-0042 Rep. Saine; McCann Sen. Cooke; Johnston Date: Bill Status: Fiscal Analyst: House

More information

The Law on Drink Driving

The Law on Drink Driving Drink driving What is the legal limit? 80mg of alcohol in 100mg of blood 107mg of alcohol in 100mg of urine 35mg of alcohol in 100ml of breath When can the police ask for a breath test? An officer in uniform

More information

Montana Legislative Services Division Legal Services Office. Memorandum

Montana Legislative Services Division Legal Services Office. Memorandum Montana Legislative Services Division Legal Services Office PO BOX 201706 Helena, MT 59620-1706 (406) 444-3064 FAX (406) 444-3036 Memorandum To: Law and Justice Interim Committee From: Julianne Burkhardt

More information

The Court Process. Understanding the criminal justice process

The Court Process. Understanding the criminal justice process Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves

More information

Criminal Justice 101. The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness. April 2009

Criminal Justice 101. The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness. April 2009 Criminal Justice 101 The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness April 2009 Acronyms DOC = Department of Corrections DYC = Division of Youth Corrections DCJ

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

ALBERTA S JUSTICE SYSTEM AND YOU

ALBERTA S JUSTICE SYSTEM AND YOU ALBERTA S JUSTICE SYSTEM AND YOU This brochure will give you the facts about your justice system the major participants and the important roles that each plays. In addition, it will help you better understand

More information

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION Contents of this Part PART 17 EXTRADITION Section 1: general rules When this Part applies rule 17.1 Meaning of court, presenting officer and defendant rule 17.2 Section 2: extradition proceedings in a

More information

Dangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE

Dangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE Dangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 Owner or person in charge of a dog dangerously out of control in a public place, injuring any person

More information

Crimes (Sentencing Procedure) Amendment (Provisional Sentencing for Children) Act 2013 No 7

Crimes (Sentencing Procedure) Amendment (Provisional Sentencing for Children) Act 2013 No 7 New South Wales Crimes (Sentencing Procedure) Amendment (Provisional Sentencing for Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 3

More information

AN INTRODUCTION COURT. Victim Services Department of Justice

AN INTRODUCTION COURT. Victim Services Department of Justice AN INTRODUCTION TO COURT Victim Services Department of Justice TABE OF CONTENTS 1. INTRODUCTION......1 2. FIING A POICE REPORT...1 3. COURT PROCESS......2 4. TESTIFYING IN COURT...5 5. COMMONY ASKED QUESTIONS...6

More information

Sentencing for Impaired Driving

Sentencing for Impaired Driving Sentencing for Impaired Driving 1. Sentencing on Impaired Driving Causing Death or Bodily Harm Introduction The principles governing Canadian sentencing law are convoluted. It is often difficult to understand

More information

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-01.01 Richard Sweetman x HOUSE BILL 1- Waller, HOUSE SPONSORSHIP (None), SENATE SPONSORSHIP House Committees Judiciary

More information

Access to court information, hearings and documents

Access to court information, hearings and documents Access to court information, hearings and documents Information for victims of crime www.justice.vic.gov.au/victimsofcrime Access to court information, hearings and documents Information for victims of

More information

Queensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT ACT 2002

Queensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT ACT 2002 Queensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT ACT 2002 Act No. 41 of 2002 Queensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT

More information

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement

More information

REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL. Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM. Date: 27 th October 2009

REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL. Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM. Date: 27 th October 2009 REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM Date: 27 th October 2009 Officer Reporting: Brian Martin, Community Safety Manager Contact Officer(s):

More information

Victims of violent crime

Victims of violent crime Victims of violent crime What can I do if I am the victim of violent crime? Report the crime to the Police. If it is an emergency, call 000. Otherwise, you can either go to the nearest police station or

More information

Canadian Law 4. Introduction to Criminal. Law

Canadian Law 4. Introduction to Criminal. Law Canadian Law 4 Introduction to Criminal Law Dimensions of a Crime The main source of criminal law in Canada is the Criminal Code. It describes which acts are offences and also explains their punishments.

More information

Department of Human Services. Review of the Youth Justice Group Conferencing Program. Final Report. September 2010 This report contains 85 pages

Department of Human Services. Review of the Youth Justice Group Conferencing Program. Final Report. September 2010 This report contains 85 pages Review of the Youth Justice Group Conferencing Final Report This report contains 85 pages Inherent Limitations This report has been prepared as outlined in the Scope Section. The services provided in connection

More information

EXPLANATORY NOTES. Criminal Justice Act 2003. Chapter 44 13.00

EXPLANATORY NOTES. Criminal Justice Act 2003. Chapter 44 13.00 EXPLANATORY NOTES Criminal Justice Act 2003 Chapter 44 13.00 CRIMINAL JUSTICE ACT 2003 EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Criminal Justice Act 2003 which received Royal

More information

Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2]

Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Section CONTENTS PART 1 ABUSIVE BEHAVIOUR Abusive behaviour towards partner or ex-partner 1 Aggravation of offence where abuse

More information

Criminal Justice Act 2003

Criminal Justice Act 2003 Criminal Justice Act 2003 CHAPTER 44 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 31 80 Criminal Justice Act 2003 CHAPTER 44 CONTENTS PART

More information

You be the Judge. Sentencing Law in Tasmania. Magistrates Court - Case Scenario 1

You be the Judge. Sentencing Law in Tasmania. Magistrates Court - Case Scenario 1 You be the Judge Sentencing Law in Tasmania - Case Scenario 1 Case Scenario 1 FACTS On 1 July 2002, the Defendant (Darren SMITH) is at a well-known Launceston nightclub with his girlfriend (Tracey JONES).

More information

Chapter 6B STATE ELIGIBILITY GUIDELINES. Last Amended: 1 July 2006. Manual of Legal Aid

Chapter 6B STATE ELIGIBILITY GUIDELINES. Last Amended: 1 July 2006. Manual of Legal Aid Chapter 6B STATE ELIGIBILITY GUIDELINES Last Amended: 1 July 2006 Manual of Legal Aid TABLE OF CONTENTS CHAPTER 6B - STATE ELIGIBILITY GUIDELINES GENERAL...3 PROVISION OF LEGAL ASSISTANCE...3 GENERAL GUIDELINES

More information

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS If you are experiencing, or have experienced, domestic violence and/or sexual violence there are a number of ways the law can protect you. This includes

More information

Advice to Applicants to HM Armed Forces

Advice to Applicants to HM Armed Forces Mod Form 493 (Revised 03/14) Rehabilitation of Offenders Act 1974 * with 2014 Amendments Advice to Applicants to HM Armed Forces * For Northern Ireland the Rehabilitation of Offenders (Northern Ireland)

More information

32 St Georges Terrace PERTH WA 6000 InfoLine: Parole Information Kit

32 St Georges Terrace PERTH WA 6000 InfoLine: Parole Information Kit 32 St Georges Terrace PERTH WA 6000 InfoLine: 1300 650 579 www.legalaid.wa.gov.au Parole Information Kit Table of Contents Introduction... 1 Who should read this kit... 1 Definitions and terms... 2 When

More information

Crimes (Serious Sex Offenders) Act 2006 No 7

Crimes (Serious Sex Offenders) Act 2006 No 7 New South Wales Crimes (Serious Sex Offenders) Act 2006 No 7 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 5 Definitions of serious sex offence

More information

# Magistrates' Courts Rules (Northern Ireland) 1984

# Magistrates' Courts Rules (Northern Ireland) 1984 # Magistrates' Courts Rules (Northern Ireland) 1984 SR 1984/225. Up-dated to 1 Dec 2013 In compiling the version of the Rules the compiler has sought to correct errors in the loose leaf published version,

More information

ASSAULT A GUIDE TO THE LAW IN ALBERTA REGARDING TUDENT EGAL ERVICES OF EDMONTON COPYRIGHT AND DISCLAIMER

ASSAULT A GUIDE TO THE LAW IN ALBERTA REGARDING TUDENT EGAL ERVICES OF EDMONTON COPYRIGHT AND DISCLAIMER COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING ASSAULT version: 2011 GENERAL All information is provided for general knowledge purposes only and is not meant as a replacement for professional

More information