Question

When deciding the precise sanction or sentence to hand down, judges and magistrates must have regard to a range of factors.

What are these three factors, in accordance to the Sentencing Act 1991

Answer 1

Judges and magistrates must consider the gravity of the offense, the culpability of the offender, and the need to protect the community when deciding on a sentence.

Step-by-step explanation:

When deciding the precise sanction or sentence to hand down, judges and magistrates in accordance with the Sentencing Act 1991 must have regard to three core factors:

1. The gravity of the offense: This refers to the seriousness of the crime committed. For example, a judge may consider the degree of harm caused or the level of violence involved in the offense.
2. The culpability of the offender: This refers to the level of responsibility or blameworthiness of the person committing the crime. Factors such as intent, motive, and previous criminal history may be taken into account.
3. The need to protect the community: This factor considers the safety and welfare of the public. The judge may consider the risk of reoffending and the impact on the community when determining the appropriate sentence.