Judicial Studies

Module Eight: Decisions and Sentencing

Introduction

Now that you have covered the process of court events including Judge-alone trials, module eight begins to draw all the strands of your learning together to look at the decision-making process. Namely, you will learn how to apply evidence to the elements of an offence. You will also learn the process followed when considering whether to impose a sentence and when determining what sentence to order.

The two processes must be thought of separately. First, a decision is made about whether or not the prosecution has proved every element of the charge. Then, if the decision is 'guilty', a separate decision is made about sentence or penalty, and any other orders. This is because you will receive information about the offender's previous convictions, if any, after you make your decision. This ensures the previous offences do not bias your decision-making process. You will also receive submissions from both defence and prosecution as to what they think will be a suitable penalty.

You will find that the best way to approach these decision-making and sentencing processes is step by step. A pragmatic approach, based on common sense and the principles of natural justice, is more likely to leave a defendant feeling satisfied with the outcome.

There are two sections in this module: Decisions; and Sentencing.

Module objective

To identify the principles of sound decision making and sentencing in the court context.

Reading

Judicial JP Manual,chapter 13, Decision-making in Defended Criminal Cases

Judicial JP Manual, chapter 14, Sentencing

Time

This module will take you take between 20 and 30 hours including readings and activities, depending on your personal working style.

Before you begin

Your Learning Journal - Questions for reflection

  1. Read through the journal questions for the specific aspects covered in this module.

    Remember that the quality of your reflection is the important factor here, not the amount that you write.

    If you answer any of the questions in your journal before you start the module activities, you may need to return to those questions and update your answers if you learn something new or change your stance on an issue.