POST SENTENCING

DECISIONSBy Christine Markovski

DEFINITION:

The sentencing process is where a magistrate determines the penalties that are to be imposed upon a defendant that has been found guilty.

The constitution of Australia requires that defendants be treated equally before the law.

FACTORS AFFECTING THE SENTENCING DECISION Throughout NSW there has been considerable

inequality in the types of punishment and lengths of prison sentences handed out by the judges for similar crimes. This is due to the fact that judges look at the circumstances of the offence, the circumstances of the offender and then use their judicial discretion when deciding on an offender’s sentence.

The Crimes Act 1900 (NSW) and other statues a set maximum punishment and sentence for offenders but the judge or magistrate decides the actual punishment. It is this judicial discretion which is seen by many as a great strength and by others as a great weakness of our sentencing process.

SENTENCING ACT 1989 (VIC) This has been passed to reform the

sentencing laws of Victoria generally to ensure that all Victorians are treated equally.

REMISSIONS AND LICENSES This was part of Post sentencing

decisions until it was abolished when the Sentencing Act was created. A behaviour prisoner could earn a remission, or reduction in their initial sentence for good behaviour. They would then be released on parole with no explanation or opportunity for the victim of the crime to object.

PROTECTIVE CUSTODY This is where prisoners who are

sentenced to conditions of imprisonment and can need special protection in prison. Offenders who have committed horrendous crimes such as the Port Arthur massacre are placed in protective custody.

PORT ARTHUR MASSACRE ‘The Port Arthur massacre of 28 April 1996’. This was a killing spree which maintained the lives of 35 people and wounded 21 others mainly at the historic Port Arthur prison colony, a popular tourist site in south-eastern Tasmania, Australia. Martin Bryant, a 28-year-old from New Town, a suburb of Hobart, eventually pleaded guilty to the crimes and was given 35 life sentences without possibility of parole. He is now behind bars in the Wilfred Lopes Centre near Risdon Prison. The Port Arthur massacre remains Australia's deadliest killing spree and one of the deadliest such incidents worldwide in recent times.

Ineffective

The offender has committed a horrendous crime and is being protected from others within the gaol because he fears for his life, this type of sentence is not efficient because the offender is in gaol for doing wrong but is still being protected. Justice is not being served in this case because the offender is getting the privilege of being protected after committing a terrible crime that has affected many.

PAROLE This is the discharge of an offender from prison, on

condition, before the completion of the total sentence for the offence.

The offender on Parole will have to abide by certain conditions during this period. The standard conditions apply to all offenders and involve duties while under supervision. These would include reporting to the parole officer, keeping the parole officer up to date of any changes of address or job and requesting permission from the relevant authorities for travel interstate or overseas.

The maximum period under supervision is three years. However, if a prisoner is serving a life sentence, the Minister will determine what period is under supervision.

DR CHANG - HEART SURGEON Dr Chang was shot dead in Mosman in July 1991 in a failed extortion attempt by Phillip Choon Tee Lim and Chew Seng Liew.The gunman, Liew, is still serving his maximum 26-year jail term. Lim has completed his minimum 18-year sentence and last month the Parole Authority approved his release.

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Effective

• It can be effective in the way that if an individual has committed a crime that was not so serious, or they did not commit a crime but was found guilty; getting out on a good behaviour bond for example is efficient way because it gives the prisoner the chance to prove that they are rehabilitated.

Ineffective

• It can be ineffective because there is no guarantee that they will never commit again or actually understand the ramifications of what they have done.

SECURITY CLASSIFICATION

Security Classification is an assessment of a prisoner’s threat to the security of society. It is based on the seriousness of their crime, likelihood of escape and behaviour in prison.

There are three general Security classifications in NSW prisons: Minimum, Medium, Maximum.

Minimum Inmate$ 130 per day

Maximum Inmate$1820 per day

Overall not all the time can the sentencing decision made for the offender be the appropriate one, some may think it is and some may think otherwise, the decision cannot satisfy everyone.