Seriousness & Sentencing

hargreas
Mind Map by hargreas, updated more than 1 year ago
hargreas
Created by hargreas about 6 years ago
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Criminal Litigation Mind Map on Seriousness & Sentencing, created by hargreas on 02/25/2014.
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Seriousness & Sentencing
1 Sentencing Council
1.1 s118 Coroners and Justice Act 2009
1.2 Court must follow guidelines unless 'contrary to the interests of justice to do so'
1.3 s121 coroners and Justice Act - guidelines
2 Objectives of sentencing
2.1 Punishment
2.2 reduction of crime (including by deterrance)
2.3 reform and rehabilitation
2.4 protection of the public
2.5 reparation by offenders
2.6 if under 18 - prevent offending or re-offending and welfare
3 Seriousness - primary factor in assessing what the sentence should be
3.1 Thresholds
3.1.1 custody - so serious that a fine nor a CO would be justified s152 CJA
3.1.2 community - serious enough to warrant s148 CJA
3.2 Culpability
3.2.1 Intention
3.2.2 Recklessness
3.2.3 Knowledge
3.2.4 Negligence
3.3 Harm
3.3.1 individual
3.3.2 to the community
3.4 s143 - not only harm caused but that intended or reasonably foreseeable
4 Early Guilty Plea s 144 CJA - must have regard
4.1 1/3 first reasonable opportunity
4.2 1/4 where a trial date has been set
4.3 1/10 at the door of the court
4.4 distil basis in writing
5 Effect of previous convictions s 143 CJA
5.1 each is agg factor
5.1.1 relevance to offence
5.1.2 length of time passed
6 General approach
6.1 has teh custody threshold been passed?
6.2 is it unavoidable
6.3 can it be suspended?
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