You are on page 1of 1

This forum discussion (not mandatory) provides an opportunity for students to provide feedback

(comment/question) regarding the tutorial, or the week's topic in general.

You may post your question/comment as a reply to the below post(s).

Week 7 Forum Feedback:

1. You will have different asnwers to this.

2. A defendant may plead guilty instead of insist-ing that the prosecution prove him guilty. Often the
defendant does so as part of a “plea bargain” with the prosecution, where the defendant is
guaranteed a light sentence or is allowed to plead to a lesser offense.

3.Sentencing principles have developed through legislation and court decisions (common law). They
form the basis of sentencing decisions. These principles include:

•parsimony – the sentence must be no more severe than is necessary to meet the purposes of
sentencing

•proportionality – the overall punishment must be proportionate to the gravity of the offending
behaviour

•parity – similar sentences should be imposed for similar offences committed by offenders in similar
circumstances

•totality – where an offender is to serve more than one sentence, the overall sentence must be just
and appropriate in light of the overall offending behaviour.

4. Sentencing an offender is not, and cannot be undertaken as, some exercise in addition or
subtraction. A sentencing judge must reach a single sentence for each offence and must do so by
balancing many different and conflicting features. The sentencing cannot, and should not, be broken
down into some set of component parts.

You might also like