Spencer v state 422 md 422

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Spencer v state 422 md 422

In this regard, fortunately, there has been a break with American practice. The option of periodic detention has been replaced with the intensive correction order.

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The lack of availability of the otherwise appropriate penalty does not mean that you then select the next most lenient penalty; rather, the most appropriate penalty of those available should be imposed: Tsokos PD [].

This provision was once fondly known as s. A fine or community service order cannot be combined with a dismissal or conditional discharge: In determining whether or not to make an order under s. This list is obviously not exhaustive.

If the offence is not trivial, is does not necessarily follow that s. The fact that the defendant could not have done anything prevent the offence for example in a crime of strict liability is a relevant matter: Where Where the has been a dismissal under The equivalent Commonwealth provision is s.

Under that provision if the court is satisfied having regard to i the character, antecedents, cultural background, age, health or Spencer v state 422 md 422 condition of the person; ii the extent if any to which the offence is of a trivial nature; or iii the extent if any to which the offence was committed under extenuating circumstances; that it is inexpedient to inflict any punishment, or other than nominal punishment, can dismiss the charge, with or without conditions including a bond of up to 3 years.

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A court imposing a fine is obliged to take into account the means of the offender: A court should not impose a fine which a person cannot pay: Rahme 43 A Crim R The amount of the fine is relevant to the sentence imposed: Tapper 64 A Crim R Bonds A good behaviour bond is not to exceed 5 years: A bond can generally be imposed with a fine for the same offence s.

The conditions of a bond must be certain and not be unduly harsh, unreasonable, or needlessly onerous.

Spencer v state 422 md 422

Thus a condition of a bond that an Aboriginal man whose family lived in Wilcannia, not enter Wilcannia, without permission from the sentencing judge, was overturned by the NSW CCA: Deferred Sentence Griffiths Remand A court may defer passing sentence for a period of up to 12 months from the date of conviction to allow the offender to be assessed for rehabilitation, or to demonstrate that rehabilitation has taken place, or for any other purpose: It should not be granted in a case where there are unresolved disputes of fact as to the objective seriousness of the offence: Palu A Crim R at para [38].

Trindall A Crim R Community Service Orders A court can impose a community service order of up to hours see s.

A community service order cannot be combined with a bond: There appears to be no power to impose a fine combined with a community service order. If the child is 16 or over, the maximum community service order is hours, depending on the maximum penalty for the offence: Where an application is made to revoke a community service order, the court can revoke the community service order and deal with the matter as if a community service order had not been imposed: There is no presumption that failure to perfrom a community service order leads to a prison sentence nor any mathematical formula to convert unperformed community service orders into prison sentences: Imprisonment Generally Where a court determines that a full-time custodial sentence needs to be imposed, there should be a 3 stage process: Firstly, the court has to determine that no punishment is appropriate other than a sentence of imprisonment: Secondly, if a court determines that a sentence of imprisonment must be imposed, the court must first determine the term of the sentence.

That determination should be made without regard to the manner in which the sentence is to be served: Thirdly, the court must then consider whether any of the alternatives to full time imprisonment are available: Home Detention Where a total sentence that is minimum and additional term of 18 months or less is imposed, an application can be made to serve the sentence by way of home detention: Sentences for murder, attempted murder, manslaughter, sexual assault, armed robbery, firearms offences, assault occasioning actual bodily harm or stalking cannot be served this way:Gerard Berry, MD Director, Metabolism Program Professor of Pediatrics, Harvard Medical School.

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Spencer v state 422 md 422

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Sentencing. Last updated 21 April (a) The Legislative Framework. The Purposes of Sentencing. The purposes of sentencing are set out in s.

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