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4.1 statutory & judicial guidelines


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4.1 statutory & judicial guidelines

  1. 1. STATUTORY & JUDICIAL GUIDELINES Sentencing and Punishment
  2. 2. What is sentencing?  If an accused pleads guilty or is found to be guilty after a trial, a judge or magistrate will hand down a sentence, or “sanction” (aka “punishment”)  The sentence may be imprisonment, a fine, community service or home detention  The judge or magistrate must consider:  The seriousness of the offence  The mens rea  The need for punishment  Sentences must balance the needs of all parties  The victim  The accused  Society and the State
  3. 3. Purposes of Guidelines Statutory Judicial
  4. 4. Why are these guidelines used?
  5. 5. Limitations of Guidelines Statutory Judicial