Commit the Crime Do The

Time?
Chapter 10
Areas to be covered
Aims of Punishment
Discretion in Sentencing
Sentencing Options
Aims of Punishment
Retribution
To punish in a just way the main focus of this
theory is on the wrongdoing of the offender and
the seriousness of the offence
Rehabilitation
Emphasises treatment and therapy with the aim
of returning the offender to normal life in the
community

Aims of Punishment
Deterrence
Specific deterrence which says that offenders must be
punished so they learn not to commit further offences
General deterrence which operates as a warning to
others so they will be deterred from committing similar
offences
Denunciation
The theory says that imposing punishment is one of the
most effective ways to denounce unacceptable
behaviour
Aims of Punishment
Prevention
Focus here is the protection of society
Society is best protected by preventing those
offenders who seem most likely to reoffend from
doing so.
Achieved by keeping offenders in prison for long
periods- sometimes for life in the case of violent
dangerous offenders
Discretion in Sentencing
A sentencing judge or magistrate is required to stay within the
penalty range set out in the Act. However he/she will also
consider the following factors listed in the Penalties and
Sentences Act
Whether violence has been used
Imprisonment should be imposed as a last resort
The distress caused to innocent people
Whether the offence is a one off offence
Co-operation with the police
Restitution to the victim
Amount of time already spent in custody
Pleas of guilty
Informers and Indemnities
Sentencing Options
Release with no record of conviction
(the following factors are considered)
The offenders character, age, health, and mental
condition
The nature of the offence
The impact that recording a conviction will have
on the offenders economic or social wellbeing/
employment
All of the circumstances of the cases
Sentencing Options
Suspended Sentence
Where a sentence is imposed of 5 years or less a judge or
magistrate may suspend the sentence in part or whole
Not available if the offender has previously been convicted
of a serious offence
Fine Option Orders
Defendant is given the opportunity to perform unpaid
community work instead of paying a fine
Available to offenders who can show they are unable to
pay the fine or it would impose economic hardship on
their family
Sentencing Options
Fines
Fines may be imposed in addition to or instead of any
other sentence
Judge or magistrate will also indicate the period of
imprisonment if the fine not paid
Community Service Orders
Can only be made with the consent of the offender
Court must be satisfied the offender is a suitable person to
do community work
Alternative to imprisonment
Often seen as a last chance for young offenders before
jail
Sentencing Options
Probation
Releases the offender but requires him/her to be supervised by an
officer of the Queensland Corrective Services Commission
Offender must report to their supervising officer regularly
Offender not allowed to leave the State or their home address without
permission
Offender promises not to break the law
Particularly appropriate for young offenders who are thought likely to
benefit from supervision
Can be for up to 3 years
Sometimes special conditions imposed such as psychological and
psychiatric testing and treatment
Breach of probation orders means re-sentencing as well as a charge of
breach of probation
Sentencing Options
Imprisonment
Most severe form of punishment as it isolates the offender
from society and restricts his/her rights and freedom
Criminal Code specifies a maximum period of
imprisonment but judges and magistrates rarely apply the
maximum
Life sentence is not defined period of imprisonment will
be determined by when the prisoner is released on parole-
for a life prisoner this can be after 14 years
Modifications to Imprisonment
Parole
Supervised release of prisoners before their full time served
Decision for parole made by Queensland Parole Board
Prisoners eligible for parole after serving half of their term
Anyone convicted of a serious violent crime can be declared by the
sentencing judge to be a Serious Violent Offender and must serve 80%
of their sentence before being considered for parole
Prisoner on parole is subject to strict supervision from a Community
Correctional Officer and
a breach of the parole orders means the prisoner will be returned to
prison to complete the sentence
Modifications to Imprisonment
Remissions
Prisoners term of imprisonment can be shortened as a
reward for obeying prison rules and for good conduct

Release to Work and Home Detention
Similar to parole only prisoners released during the day
and returns to prison at night
Usually for long term prisoners to help them return to
normal life