- The role of the victim in

sentencing
- Appeals
The role of the victim in
sentencing

A victim is someone who suffers some kind of harm;
this can include people who are directly and
indirectly harmed.

Victims can be involved in the criminal process in
the following ways:
o Reporting a crime
o Assisting police to testify at trial
o Submitting a Victim Impact Statement

The victims role can be very difficult at times. Why?
The role of the victim in
sentencing

In NSW, victims of crime are recognised and
guaranteed certain rights under the Victims Rights
Act 1996 (NSW)

The Act contains a Charter of Victims Rights which
requires:
o Respect for the victims dignity
o Victims compensation
o Protection from the accused
o Protection of identity
o Right to information and assistance during the criminal process
The role of the victim in
sentencing
A victim impact statement is a voluntary statement
written by the victim about the impact that the
crime has had on them.

The statements are only permitted for serious
offences involving violence (actual or threatened)
or the death of or any physical harm to a person,
and only if the court considers it appropriate.

They are presented after the offender is found guilty
and before sentencing.
The role of the victim in
sentencing

The statement can include:
o Reports
o Diagrams
o Pictures

VIS can be controversial because they can be
subjective yet have a significant effect on
sentencing.

Supporters believe that if the offender can present
personal circumstances in mitigation of their
sentences then victims can submit a VIS.
The role of the victim in
sentencing

Statements by family members can be controversial
because the court can hand down a sentence
based on whether the victim was more or less loved
by their family members.

However, they can allow family members to
publicly express their grief and anger and they can
be a confronting experience for the offender.
Appeals
A person convicted of an offence has the right to
appeal their case; so does the Crown where the
sentence is too lenient.

The party appealing is known as the appellant or
applicant.

Two types of appeal in criminal cases:
o Appeal against conviction
o Sentence appeal

Appeals: appeal against
conviction

The appellant argues that they did not commit the
offence for which they were found guilty.

It is difficult for this type of appeal to succeed and
usually involves an argument that there was a legal
error
Appeals: Sentence appeals

Appeals by the offender against the severity of their
sentence, or by the prosecutor against the leniency
of the sentence.

Must be made alone or in conjunction with an
appeal against conviction

The judge may set aside a sentence, vary the
sentence or dismiss the appeal.
Appeals
Any person convicted or sentenced in a Local
Court will have a right of appeal to the District Court
under the Crimes (Appeal and Review) Act 2001
(NSW)

The District Court will usually conduct a rehearing of
all evidence (reading documents from initial
hearing)
Appeals
A person sentenced in the District Court or Supreme
Court can seek permission to appeal to the Court of
Criminal Appeal

This appeal will be successful if they can show there
was a legal error (can include imposing a sentence
that was too severe or lenient).


Appeals
An appellant will need to seek permission of the
High Court to appeal.

This leave will only be granted in rare
circumstances.