ACR102 Lecture Notes - Lecture 3: Mandatory Sentencing, Victoria Police, Supreme Court Of Victoria
Week 3b
The Role of the Judge
Appointed by the Government of the day
May pass sentence once
Juries decide on the guilt or innocence of an accused based on their responses to the
evidence
Judges explain matters of law and provide answers to jury’s questions when necessary
Sentencing has been described by the Victorian Supreme Court Chief justice Marilyn Warren
as ‘a gut-wrenching experience’ and ‘one of the hardest things a judge does’
Gender and the judiciary:
Victoria has the highest percentage (46%) of female Magistrates of any Australian state or
territory.
Still under-represented overall though – with only 25 of 65 judges in the Victoria County
Court; 2 of 11 Court of Appeal judges and 7 of 31 Trial Division judges being female.
There has been progress in other key judicial positions.
Sentencing in Victoria
Based upon 2 key pieces of legislation:
Sentencing Act 1991
Children, Youth and Families Act 2005
Also based upon prior court judgments/case law (case precedents)
Discretionary Decision Making:
Discretion is used to allow flexibility to achieve justice based on the nature of the crime and
the individual characteristics of the offender.
Both the Crown (prosecutor) and Defence can Appeal the sentence if they believe it is
manifestly inadequate or manifestly excessive.
Sentencing Options in Victoria
Options when sentencing an adult offender, include:
Imprisonment
Detention in a youth justice centre
Drug treatment order
Community Corrections Order (CCO):
Can include unpaid community work, treatment and rehabilitation orders, place/area
exclusions, alcohol exclusion, bond, judicial monitoring and residence restriction.
Fine
Additional Orders
Dismissal, Discharge and Adjournment
The Purposes of Sentencing
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Juries decide on the guilt or innocence of an accused based on their responses to the evidence. Judges explain matters of law and provide answers to jury"s questions when necessary. Sentencing has been described by the victorian supreme court chief justice marilyn warren as a gut-wrenching experience" and one of the hardest things a judge does". Victoria has the highest percentage (46%) of female magistrates of any australian state or territory. Still under-represented overall though with only 25 of 65 judges in the victoria county. Court; 2 of 11 court of appeal judges and 7 of 31 trial division judges being female. There has been progress in other key judicial positions. Also based upon prior court judgments/case law (case precedents) Discretion is used to allow flexibility to achieve justice based on the nature of the crime and the individual characteristics of the offender.
