1. VELS Level 6 Armed Robbery

2. 2 Sentencing Advisory Council, 2012 1. What is sentencing? What laws guide a judge when sentencing? Photo: John French / Courtesy of The Age Chief Justice Marilyn Warren of the Supreme Court of Victoria

3. 3 Sentencing Advisory Council, 2012 Who is responsible for sentencing? In Australia, responsibility for sentencing is spread between three groups Parliament ~ makes the laws ~ Government ~ puts laws into operation ~ Courts ~ interpret the laws ~  Creates offences and decides what the maximum penalties will be  Makes the rules the courts must apply to cases  Sets up punishments for judges and magistrates to use  Apply the law within the framework set up by parliament  Set specific sentences for individual offenders  Correctional authorities (e.g. prisons) – control offenders after sentencing  Adult Parole Board – supervises offenders who are on parole

4. 4 Sentencing Advisory Council, 2012 Where is sentencing law found? Sentencing Act 1991 Children, Youth and Families Act 2005 Common law – previous court judgments Various Acts and Regulations creating particular offences, e.g.: –Crimes Act 1958 deals with a range of crimes including injury offences –Road Safety Act 1986 deals with offences related to driving under the influence of drugs or alcohol.

5. 5 Sentencing Advisory Council, 2012 Types of sentences  imprisonment  drug treatment order  suspended sentence  community correction order  fine  adjourned undertaking Most severe Least severe

6. 6 Sentencing Advisory Council, 2012 2. Sentencing theory What must a judge consider when deciding what sentence to impose? Source: Victorian Sentencing Manual, Judicial College of Victoria

7. 7 Sentencing Advisory Council, 2012 Purposes of sentencing These are the ONLY purposes for which sentences can be given Sentencing Act 1991, s 5(1) PURPOSES OF SENTENCING Community protection Deterrence Rehabilitation Denunciation Fair punishment

8. 8 Sentencing Advisory Council, 2012 Principle of parsimony Judges should choose the most straightforward solution when sentencing Parsimony ~ taking extreme care in using resources ~ If a choice of punishment exists a judge should take care to choose the least severe option that will achieve the purposes of sentencing Example If there is a choice between imposing a fine or a community correction order, a fine should be imposed Sentencing Act 1991, ss 5(3), 5(4), 5(5), 5(6), 5(7)

9. 9 Sentencing Advisory Council, 2012 Factors that must be considered Sentencing Act 1991, s 5(2AC(2)) Maximum penalty & current sentencing practice Type of offence & how serious Offender’s degree of responsibility & culpability Victim Aggravating or mitigating factors Relevant Acts of Parliament & statistical data Factors making the crime worse, intention, effects, method, motive, weapons, role the offender played Prior offences, age, gender, race, culture, character, mental state, alcohol, drugs, gambling, personal crisis, guilty plea Impact of crime on victim (e.g. psychological or physical trauma), material or financial loss Factors that increase or lessen the seriousness of the crime Victim impact statement Factors that must be considered when sentencing

10. 10 Sentencing Advisory Council, 2012 Victim Impact Statements If a court finds a person guilty, a victim of the offence may make a Victim Impact Statement (VIS) A VIS contains details of any injury, loss or damage suffered by the victim as a direct result of the offence A person who has made a VIS can request that it be read aloud during the sentencing hearing

11. 11 Sentencing Advisory Council, 2012 How long is a sentence? Cumulative sentences are sentences for two or more crimes that run one after the other, e.g. 2 x 5-year prison sentences served cumulatively = 10 years in prison Concurrent sentences are sentences for two or more crimes that run at the same time, e.g. 2 x 5-year prison sentences served concurrently = 5 years in prison The head sentence is the sentence given for each crime before a non-parole period is set The total effective sentence (TES) is the total sentence for all crimes once they have been made cumulative or concurrent

12. 12 Sentencing Advisory Council, 2012 Non-parole period Non-parole period: is set by the court is the part of the sentence the offender must serve in prison before being eligible for parole must be fixed for sentences of 2 years or more may be fixed for sentences of 1–2 years is not given if the sentence is less than 1 year Parole is the release of a prisoner before the end of a sentence, subject to certain conditions (e.g. regular reporting to parole officer), to help him or her settle back into the community

13. 13 Sentencing Advisory Council, 2012 3. The crime and the time What is armed robbery? What is the maximum penalty?

14. 14 Sentencing Advisory Council, 2012 Armed robbery Maximum penalty A person is guilty of armed robbery if he or she commits any robbery and at the time has with him or her a firearm, imitation firearm, offensive weapon, explosive or imitation explosive A person guilty of armed robbery is guilty of an indictable offence and is liable to Level 2 imprisonment (25 years maximum) and/or a fine of 3000 penalty units. Crimes Act 1958, s 75A(1) and (2)

15. 15 Sentencing Advisory Council, 2012 Armed robbery  people sentenced

16. 16 Sentencing Advisory Council, 2012 Armed robbery  sentence types

17. 17 Sentencing Advisory Council, 2012 Imprisonment by age & gender

18. 18 Sentencing Advisory Council, 2012 Total effective sentence & non-parole period

19. 19 Sentencing Advisory Council, 2012 4. The case What are the facts of this case?

20. 20 Sentencing Advisory Council, 2012 The offender Bradley Flint is 19 years old He was 18 at the time of the offence He has been found guilty of one count of armed robbery The maximum penalty for armed robbery is 25 years’ imprisonment

21. 21 Sentencing Advisory Council, 2012 The crime 1 Bradley went into his local milkbar, took a can of soft drink from the fridge and went to the counter He took a knife from his pocket, pointed it at the female shopkeeper and said, “money, quickly” The shopkeeper took a $10 note from the cash register Bradley grabbed the $10 and ran from the store with the can of soft drink

22. 22 Sentencing Advisory Council, 2012 The crime 2 Bradley ran down a laneway near the store where he hid the knife behind a wall He then caught a bus home, using the $10 note to buy his bus ticket He was arrested soon after and taken to the local police station and charged

23. 23 Sentencing Advisory Council, 2012 Factors for consideration Bradley was 18 when he committed the offence He pleaded guilty at the earliest opportunity He has 4 prior juvenile convictions for theft, driving offences and cannabis possession Bradley had an unstable home life as his parents separated when he was 5 He is a regular cannabis user, a habit he started at age 11 He left school after Year 11 and worked briefly as an apprentice bricklayer, but is now unemployed

24. 24 Sentencing Advisory Council, 2012 5. The sentence What sentence would you give? Photo: Department of Justice

25. 25 Sentencing Advisory Council, 2012 You decide … What sentence would you give? If imprisonment, what would be the head sentence and non-parole period? If a community correction order, what would be the length of the order? If a fine, what would be the amount of the fine?

26. 26 Sentencing Advisory Council, 2012 The maximum penalty Armed robbery A person found guilty of armed robbery is liable to Level 2 imprisonment and/or fine. Maximum  25 years and/or 3000 penalty units Crimes Act 1958, s 75A(1) and (2) Bradley Flint, guilty of one count of armed robbery could receive: possible maximum imprisonment of 25 years possible maximum fine of 3000 penalty units

27. 27 Sentencing Advisory Council, 2012 What the judge decided Bradley Flint’s case, County Court 2 year community correction order Conditions – report to a Community Corrections worker for supervision – attend treatment for alcohol and drug addiction – complete 100 hours of unpaid community work

28. 28 Sentencing Advisory Council, 2012 6. Conclusion Effective sentencing achieves a balance between the interests of society, the concerns of the victim and the best interests of the offender. The more information society has about crimes and the people involved in them, the more reasonable it is in its demands about sentencing. Photo: Department of Justice