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You be the Judge Years 9 and 10 – Cause Injury Sentencing Advisory Council |

Slide 1

About these notesYou be the Judge is a program offered by the Sentencing Advisory Council of Victoria to raise awareness of the aims, methods, and complexities of sentencing. The most common source of information about sentencing is the media. You be the Judge gives students an opportunity to examine background information on sentencing and to consider a specific case before making up their own minds. Working individually and in groups, students discuss, investigate, and evaluate aspects of sentencing, including their own and community values. Students draw on a range of resources to articulate and defend their own opinions on sentencing and to determine what is a fair sentence.

Teachers should read these notes in conjunction with:

You be the Judge Years 9 and 10 Teacher Guide, which provides links to the Victorian curriculum and suggestions for presenting the program across several domains. This case study can be presented as part of a discrete English or Civics and Citizenship course or as a theme across the learning areas of English, Civics and Citizenship, History, Mathematics, Media Arts, or Digital Technologies.

A Quick Guide to Sentencing, which is a plain-language overview for teachers and students of the ‘what, when, where, how, and why’ of sentencing in Victoria. The Quick Guide is available on the Council’s website.

About the caseThe case used in this presentation is based on a real case from the County Court of Victoria.

The case study is divided into six sections:

1. What is sentencing?2. Sentencing theory3. The crime and the time4. The case5. The sentence6. Conclusion.


Alternative order of presentationIt is up to teachers to decide the order in which the slides are presented. The order presented in these notes is only a suggestion. Teachers may prefer to ask students to sentence the offenders earlier (see ‘When to ask students to consider a sentence’ in the Teacher Guide for a discussion of this issue). If you choose to ask students to sentence earlier in the program, it may be worthwhile to ask them to reconsider their sentence at the end. Students could then have small group discussions to consider why their sentences may have altered.

Suggested student activitiesInformation for teachers and suggested student activities are supplied in these notes. If you wish students to keep a journal to record their feelings, knowledge, and opinions, initiate this before beginning to show the slides. The following indications are provided to identify activities that are specifically aligned with particular domains:

English Civics and Citizenship History Mathematics ± Digital Technologies Critical and Creative Thinking The Arts Media Arts

The suggested student activities include two components:

Discussion

Questions that may be considered or activities that may be undertaken during the slide show.

Extension

Activities that require additional time and resources to conduct.

The computer symbol is used to indicate activities that require student use of a computer and the internet.


Slide 2

There are title slides at the beginning of each section of this case study. When displaying these title slides, take the opportunity (through general questioning) to collect student predictions in answer to the question posed.

Differences and/or similarities between the facts as presented and the opinions expressed by students will provide opportunities for lively debate. Findings will serve to underline the results of any pre-testing/prior knowledge work undertaken at the beginning of the program.

The first section of slides concerns the origin and range of sentences available to judges in Victoria:

the responsibilities of the executive, the parliament, and the judiciary in the realm of sentencing

a list of the various laws that affect sentencing the hierarchy of sentences from the most to the least severe.

Activities in this section focus on what sentences are and what students consider to be more and less severe. There are opportunities for students to explain how the Australian Constitution affects their lives. Students use a range of appropriate strategies for reasoning and analysis to compare their own values with community values, as reflected in available sentences and examples of sentences reported in the media.

Inform students that they will be exploring sentencing in the Victorian court system and that they will be examining one case in particular. They will be looking at some background material on sentencing and the particular crime involved in the case. They will then have a chance to decide on a sentence for the crime and compare their sentence with the actual sentence given by the judge or the magistrate.


Slide 3

In Australia, responsibility for governing is guided by the separation of powers principle. This means that the power to govern is spread among three groups – legislature, judiciary, and executive (government) – with each group checking the power of the other two. This slide represents the separation of powers as it works for sentencing:

legislative power is in the hands of parliament judicial power is in the hands of the courts executive power is in the hands of government through its agencies.

Suggested student activitiesDiscussion

In Australia, responsibility for governing is guided by the separation of powers principle, meaning that the power to govern is spread among three groups: parliament, courts, and government.

Brainstorm using the DOVE* guidelines about why it is important that the three groups are independent.

Also, why is it important that the three separate groups are involved in different areas of sentencing?

Imagine a situation where Joe Bloggs has just been found guilty of a major theft. Why might it not be a good idea to allow parliament to decide Joe’s punishment?

*D - Defer judgment on anyone else’s ideas or comments

O - Opt for the unusual and creative

V - generate a Vast number of ideas

E - Expand on the ideas by piggy-backing off others.


Slide 4

Common law is a system of law, originally developed in England, that is derived from judges’ decisions, rather than from legislation (which is derived from the parliament).

Suggested student activitiesExtension

Work cooperatively with a partner to research some Acts of Parliament to find examples of maximum sentences (maximum penalties) for three specific crimes (for example, theft, burglary, and murder).

Decide what specific tasks need to be undertaken (such as research, assembling information, and presentation) and decide who is going to undertake each one.

Decide on the best search terms to find information and to help you locate relevant sentences.

(Teacher: collate all groups’ information on the board to build a list of maximum sentences for a range of offences in Victoria.)


Slide 5

The sentencing orders listed above are described in detail in A Quick Guide to Sentencing.

Note that intentionally causing serious injury is a ‘Category 2’ offence. The Victorian Government has passed legislation to limit the courts’ use of non-custodial orders for both Category 1 and Category 2 offences. This new legislation is expected to come into operation in the first half of 2017. See page 16 of A Quick Guide to Sentencing (3rd edition, 2017) for more detail.

Imprisonment – the offender is held in prison. There are three types of prison: high, medium, and low security. Corrections Victoria (not the court) decides which type of prison an offender is sent to, based on the risks they may face in prison, and the risks they may pose to other people.

Community correction order – the offender is released into the community under conditions that are set by the court. Conditions may include unpaid community work, drug testing and treatment, or restrictions on where the offender can go, where they live, or who they can spend time with. A sentence of imprisonment can be combined with a community correction order.

Fine – a financial penalty (money) payable to the state.

Adjourned undertaking – sentencing is held off for up to five years. During this time the offender has to obey certain conditions set by the court (e.g. pay a bond or attend a behaviour change program).


What values in our community are reflected by this slide?

In your opinion, does the sentencing hierarchy correspond with increasing levels of severity generally?


Extension

What ‘sentences’ exist for misbehaviour at your school? Draw a scale like the one in the slide to show the range of these ‘sentences’ from the lowest to the highest level.

Compare your scale with scales drawn by other students and discuss any similarities and differences.


Slide 6

The next group of slides concerns the theory behind sentencing and the sorts of things a judge must or can take into account when imposing a sentence:

the purposes of sentencing the principles of sentencing the factors that must be taken into account Victim Impact Statements and pre-sentence reports cumulative and concurrent sentences non-parole periods.

Activities focus on the constraints placed on the courts and the extra information judges can draw on to ensure the sentence they impose is appropriate. Some emphasis is placed on public reaction to sentences and the importance of informed opinions.

Take the opportunity to collect student predictions in answer to the question posed on this slide.

Encourage students to return to the slides in this section (or provide appropriate printouts) when it is time for them to decide on the sentences they will impose in Section 5.


Slide 7

These are the only purposes for which sentences can be imposed, not suggestions or examples.

Section 5(1) of the Sentencing Act 1991:

(1) The only purposes for which sentences may be imposed are:

(a) to punish the offender to an extent and in a manner which is just in all of the circumstances

(b) to deter the offender or other persons from committing offences of the same or a similar character

(c) to establish conditions within which it is considered by the court that the rehabilitation of the offender may be facilitated

(d) to manifest the denunciation by the court of the type of conduct in which the offender engaged

(e) to protect the community from the offender or (f) a combination of two or more of those purposes.

Suggested student activitiesAsk students to keep a record of their experiences and findings when completing the final activity for this slide. The records will be useful resources to revisit once students have undergone the experience of deciding on a sentence themselves.

Discussion

Rewrite the five purposes in the slide in your own words. Use language that is as clear as possible about what is to be achieved by sentencing.

Write down two punishments you might like to give to someone who has committed a crime against you. Are the punishments you would like to use included in the slide? If so, which box would they belong in? If not, why are they not included?


Is revenge an appropriate purpose for a sentence? Suggest a reason for your answer.

Arrange the various sentencing purposes in order of what you consider to be most important to least important. Present your point of view on the hierarchy of sentencing purposes. Do your classmates agree with you? Where appropriate, contest their opinions. Why might it be hard to get total agreement?


Slide 8

Parliament and the courts have set rules (known as ‘principles’) that guide how a court must sentence. These principles include:

Parsimony – the sentence must not be more severe than is needed to achieve the purposes of sentencing the offender. For example, a sentence of imprisonment should not be imposed unless the purpose or purposes of sentencing the offender cannot be achieved without confinement.

Proportionality – the punishment must fit the crime. This means that a more serious example of an offence gets a more serious sentence than a less serious example of that offence. It also means that there should be no excessive punishment without a good reason.

Parity – If two or more offenders are involved in an offence, their sentences should be similar, unless there is a good reason that the offenders’ sentences should be different.

Totality – the sentence must reflect the overall seriousness of the offences, and not be so severe that the offender has no chance of rehabilitation.


Look up parsimony in a thesaurus to find words with a similar meaning. Explain the principle of parsimony in your own words.

In what ways might the principle of parsimony affect the decision of a judge or magistrate?

What would the opposite of the principle of parsimony force a judge to do?


Extension

Develop a role play in which a supporter of the principle of parsimony and a recent crime victim meet on a TV chat show. A third person plays the part of the TV interviewer. Complete the task within the set timeframe, prioritising your time and using appropriate resources. The victim wants offenders to receive the heaviest penalties for their crimes. During the role play, the audience notes the strong and weak points made by each character. At the end of the role play, choose one of the following statements as being best supported by the arguments: ‘Sentences should be the least severe the law allows’ or ‘Sentences should be as harsh as the law allows’. Using the ‘purposes of sentencing’ slide, make notes for each purpose to support your argument.

Survey community attitudes. Construct a continuum bar with the following divisions: Agree strongly, Agree, Don’t know, Disagree, Disagree strongly. Ask people to read your explanation of the principle of parsimony and then indicate their attitudes on the continuum. Decide the size of the sample and make predictions about the results you will get. Compare your predictions with the actual results. Combine findings from the whole class and graph these using a spreadsheet. Then decide on a creative way to report the public’s attitude towards the principle of parsimony. ±


Slide 9

Maximum penalty – set out in relevant Acts of Parliament

Current sentencing practices – sentences given in previous court decisions

Nature and gravity of the offence – the seriousness of the offence, the role the offender played, the consequences of the offence, the relationship between the offender and victim

Culpability – the intent, motive and circumstance that determine how much the offender should be held accountable

Victim impact –physical and/or psychological trauma, material and/or financial loss

Guilty plea – offenders who plead guilty to an offence can generally expect to receive a sentence discount

Aggravating factors – things about the offender or the offending that make the offending more serious (e.g. previous convictions, elderly victim)

Mitigating factors – things about the offender or the offending that make the offending less serious (e.g. first offence, young offender).

The Sentencing Act 1991 states that these factors must be taken into account when an offender is being sentenced. Sentencing is decided on a case-by-case basis. Judges examine the facts and circumstances surrounding the particular case in determining the sentence.

Later in this case study, students may be asked to consider the factors relating to the offender and decide which are aggravating and which are mitigating. It may be useful, therefore, to spend some time now getting students to define these terms for themselves.



Look up ‘aggravating’ and ‘mitigating’ in a thesaurus or dictionary, and come up with your own definition of these words.

Are any factors in the slide more important than others? What might make it hard to get general agreement among your class about this question?

How could an offender’s race, culture, age, or gender affect how responsible he or she is for an offence? Are we all equal before the law?

Extension

Demonstrate creativity in exploring ideas about sentencing. Turn a well-known character from literature into an offender. Write a short story in which you establish the crime, then use the list on this slide to establish the character’s responsibility and degree of blame. For example:

Macbeth could be sentenced after a trial for the murder of King Duncan Josephine from Looking for Alibrandi could be found guilty of driving under the

influence of alcohol.

Use a concept map to help plan your story.


Slide 10

Victim Impact Statements provide vital information for a sentencing judge, ensuring that the judge has a broad picture of how the crime has affected the people involved.

Although a Victim Impact Statement is included in this case study, Victim Impact Statements are not produced at every trial.


In small groups discuss the following questions and then share with the class. Group members are to encourage each other to contribute their thoughts/opinions on the questions asked:

Why might a victim write a Victim Impact Statement?

What kind of information would you expect to find in a Victim Impact Statement of a victim intentionally causing serious injury?

Extension

Choose a crime that has been reported in the media in which a victim has been injured. Use appropriate search techniques to find an article from the internet. Using the Victim Impact Statement form as a template, pretend that you are a victim and write a Victim Impact Statement. Remember that the aim of the statement is to show the effect the crime has had on you and the harm it has brought you.

http://www.victimsofcrime.vic.gov.au/utility/for+professionals/order+publications/victim+impact+statement+interactive+form

http://www.victimsofcrime.vic.gov.au/utility/for+professionals/order+publications/victim+impact+statement+interactive+form


Slide 11

The concepts of cumulative sentences (served one after the other) and concurrent sentences (served at the same time) are not well understood by the public and can cause confusion when sentences are published in the media.

While it is enough to draw students’ attention to this concept at this stage, it might be necessary to return to it once students begin to consider their own sentencing decisions and read the sentences imposed by the judges.

The term total effective sentence (TES) is used in the graphs later in this presentation, so this definition may assist in interpreting the data.

These concepts are explained in more detail in the Council’s A Quick Guide to Sentencing.


Work out the total effective sentence (TES) in each of the following cases:

Case 1: two years’ imprisonment for each of three counts of assault served concurrently and one year’s imprisonment for theft served cumulatively. (Answer: three years) ±

Case 2: six years’ imprisonment on each of two counts of culpable driving with three years of the second count cumulated. (Answer: nine years) ±

Extension

Design a pamphlet using an appropriate software program (e.g. MS Word, MS Publisher) to educate the general public about cumulative and concurrent sentences. Use pictures and graphs to make the pamphlet creative, informative, and suitable for the audience. ±


Slide 12

The non-parole period (NPP) specifies the period during which an offender must remain in custody. The non-parole period must be at least six months less than the term of the prison sentence.

When offenders have served their non-parole period, the Adult Parole Board determines if they will be released on parole and what the conditions of that release will be. Parole is a form of supervised release for offenders sentenced to a term of imprisonment. Offenders on parole are still serving their sentence. If they breach the conditions of their parole, they can be returned to prison. The aim of parole is to ensure that offenders get help in the transition from prison into the community, while still being subject to supervision.

Section 11 of the Sentencing Act 1991 says a court must set a non-parole period for any sentence of imprisonment of two years or more, unless it is not appropriate to do so because of the nature of the offence or the past history of the offender. For sentences of 12 to 24 months, it is up to the court to decide whether or not to fix a non-parole period. For sentences of less than 12 months, a non-parole period is not possible.


What is the minimum number of years in prison an offender would serve if he or she received a sentence of five years’ imprisonment with a non-parole period of three years? (Answer: three years) ±

Extension

Design a pamphlet using an appropriate software program (e.g. MS Word, MS Publisher) to educate the general public about parole. Use pictures and graphs to make it creative, informative, and suitable for the audience.

If you were a sentencing judge, what characteristics would make you a fair, effective, and just judge? Write a small job advertisement for a sentencing judge, including the most relevant characteristics.


Look up the words objective and subjective in your dictionary. List all the factors mentioned so far that a judge has to take into account when sentencing and divide the factors into three groups – those that are objective, those that are subjective, and those you can’t decide on. Compare your findings with the findings of others. After discussion, allocate all the ‘undecided’ items to one of the other two headings.


Slide 13

Collect student answers, predictions, or views in answer to the questions posed on the slide.

Reflect on prior learning.

This section concerns:

the definition from the Crimes Act 1958 of the crime involved in this case study statistics showing the number of convictions and sentencing trends for this offence

over the past few years.

The statistics in this section of the presentation are taken from the Sentencing Advisory Council’s Sentencing Snapshots and SACStat – Higher Courts.

http://www.sentencingcouncil.vic.gov.au/sacstat/home.html

http://www.sentencingcouncil.vic.gov.au/snapshot


Slide 14

Definitions relevant to this offence are:

indictable offence – a more serious offence usually heard before a judge and jury in the County or Supreme Court.

injury – definitions of injury are included on the next slide (this is relevant if students are supplying their own definition as an activity).


The term injury is a familiar one. What do you think it means here?

What legal terms would you want explained to you if you were accused of this crime? Individually, in pairs, or in groups, work out definitions for these terms, then compare these with the definitions used in the Crimes Act.

Understanding these terms is most important for which people? Why is it important that they understand these terms? What might be the consequences if they misunderstand these terms?

Extension

What examples of this crime have been featured in the media recently? Use the internet to locate information. Try using a phrase search such as ‘intentionally causing serious injury’. In the media coverage, can you find any explanation for the reasons or motive for the crime or any indication of its seriousness?

Consider the Nine Values for Australian Schooling*. Which of these values does this crime go against? Are there other values commonly held in Australia that this crime goes against?

National Framework: *Nine Values for Australian schooling

Care and Compassion Honesty and Trustworthiness Doing Your Best Integrity Fair Go Respect Freedom Responsibility Understanding, Tolerance, and Inclusion

http://www.valueseducation.edu.au/values/val_national_framework_nine_values,14515.html


Slide 15

A maximum penalty is the penalty set by parliament as the most severe possible sentence that a court can impose for a particular type of offence. Maximum penalties are sometimes referred to as statutory maximums because they are set out in legislation such as the Crimes Act 1958 (Vic).

The maximum penalty does not mean courts must impose that penalty on offenders convicted of the offence. It means that courts may not impose a penalty greater than the maximum set for the offence.

Maximum penalties have four important purposes in the sentencing system. They:

clearly set out the most severe consequences for an offender convicted of a particular offence

limit the court’s power to impose a sentence express parliament’s views on the seriousness of the offence and allow scope for the most severe punishment to be imposed for the worst example of

this offence (for example, one that is carefully planned, especially cruel, or motivated by prejudice or hatred).

Suggested student activities

Discussion

What is the maximum penalty for causing serious injury? Do you think the maximum penalties for intentionally causing serious injury, recklessly causing serious injury, and negligibly causing serious injury are appropriate?

Do you think maximum penalties deter people from committing offences?


Slide 16

The definition of injury is contained in section 15 of the Crimes Act 1958:

Injury means—

a. Physical injury orb. Harm to mental health —

whether temporary or permanent.

The dictionary definition of injury contains the following meanings:

harm of any kind done or sustained a particular form or instance of harm wrong or injustice done or suffered the infringement of a right (opposed to damage).


To what extent does your definition of injury differ from the one on this slide. Can you suggest reasons for any differences?

How does the Crimes Act 1958 differ from the dictionary in its definition of injury? Why might there be this difference?


Slide 17

The definition of serious injury is contained in section 15 of the Crimes Act 1958.


Who decides whether a person who has been arrested is charged with ‘intentionally causing injury’ or ‘intentionally causing serious injury’?

Why must people in the legal profession (such as the police) take special care to be precise in their use of language?

Is intentionally causing serious injury a serious crime? Make a list of points to support your opinion using appropriate supporting evidence. How does your opinion compare with the opinions of others in your class?


Slide 18

Slides 18 to 22 show Victorian sentencing figures for intentionally causing serious injury for the five years ending 30 June 2015.

In this graph, an immediate custodial sentence is any sentence that involves a period of immediate imprisonment sentence of imprisonment, combined order (imprisonment combined with a community correction order), and partially suspended sentence (an order that is no longer available).


Print out this and the following graphs. Allocate different graphs to small groups to analyse and summarise trends and have students report back to the class on the findings. ±

Summarise the trends shown in this graph. ±

Ask students to reflect on their learning by writing down three things that they have learnt about sentencing. ±

Is there anything about the figures, proportions, or trends in the graph that surprises you? If so, why is it surprising? ±


Slide 19

This graph shows the number of people sentenced to different sentence types for intentionally causing serious injury for the five years ending 30 June 2015.


If you are found guilty of the crime of intentionally causing serious injury, are you more likely to receive imprisonment or another type of sentence? ±

By looking at this graph, what generalisations can you make about the crime of intentionally causing serious injury and the punishments it brings? ±


Slide 20

This graph shows the number of people sentenced to imprisonment for intentionally causing serious injury by length of imprisonment term in the five years ending 30 June 2015.

It shows that the most common prison sentence imposed was between four and five years.


At a glance (without making calculations), what would you say is the average length of a prison sentence for intentionally causing serious injury?


Slide 21

This graph shows the age and gender of people sentenced for intentionally causing serious injury from 1 July 2011 to 30 June 2015.

Get students to think about reasons for not sending young offenders to prison. Encourage students to consider factors such as opportunities for rehabilitation and lower likelihood of many prior convictions. These factors are important in sentencing the offender at the centre of this case study.


Is there anything about the figures, proportions, or trends in the graph that surprises you? ±


Slide 22

This tile graph shows the number of people sentenced for intentionally causing serious injury by length of imprisonment and the non-parole period. It shows the total effective sentence and non-parole period for each individual person. The centre of each tile on the graph represents a combination of imprisonment length and non-parole period, while the size of the tile reflects the number of people receiving that particular combination.

As shown, the most common combination of imprisonment length and non-parole period imposed was four years with a non-parole period of two years. It is possible to see at a glance where a specific sentence ‘fits’ in the overall picture. The length of imprisonment as shown on this graph ranged from less than one year with no non-parole period to 17 years with a non-parole period of 13 years.

Return to this slide after students have compared their sentences with that of the trial judge as a basis for discussion about where the various sentences sit on the graph and the implications of this.


What are the most common total effective sentences and non-parole periods over the last five years for intentionally causing serious injury? What does this tell you about actual time spent in prison if you have been sentenced for this crime? ±

Explain how a graph like this could be helpful to a judge or magistrate.

Extension

Intentionally causing serious injury brings harm to other people. Discuss your opinion with your classmates, then decide if your original opinion has changed. Do you think the time spent in prison as indicated on this graph is generally adequate? If it is, why? If not, why not?


Slide 23

CAUTIONThe case studies are based on real life cases. Therefore, sensitivity is necessary when using the case studies in the classroom. Fictitious names are used here, and these names bear no relation to any person connected with the case. Teachers should be mindful that some students may have been affected by a similar case or have a parent or close relative who has been involved in criminal activity. It is suggested that precaution be taken in the classroom to ensure students do not disclose private information that could cause them harm.

The section includes:

a description of the offender an outline of the charges laid a description of the crime relevant background information available to the court.

Do not allow students to get bogged down in the detail of the crime. The outcome is already known – Roger is guilty as charged. Remind students that You be the Judge is concerned with sentencing only.

Extracts from the judge’s original sentencing remarks are provided. These remarks may be for teacher reference only or, if time permits, they can be read to or by students to provide a more detailed picture.


Slide 24

‘Roger Willett’ is not the real name of the offender and bears no relation to any person connected with the case.


Slide 25

‘Trent Beyer’ is not the real name of the victim and bears no relation to any person connected with the case.


Slide 26

Part of a statement from ‘Anton’, one of the men in the car with Roger:

‘[Roger] also fell over this fence and on top of this guy. The guy landed on his back and his feet were still up on the fence. [Roger] was laying on top of this guy at this stage. I then saw [Roger] get up on one knee and he punched the other guy to the face on at least twenty occasions. When the first of these punches were being thrown, the guy was trying to kick [Roger]. These kicks would have struck [Roger] to the legs and lower body. I have described [Roger’s] assault on this person as being vicious and excessive in the taped interview with the police. The first few punches that [Roger] struck this person with caused him to be knocked unconscious and despite him being unconscious, [Roger] continued to punch and kick this person to the body and head. After this person was rendered unconscious, [Roger] would have punched him a further two times and kicked him at least six times. During this entire incident, [Roger] would have punched this guy at least twenty times and kicked him on at least ten occasions. Almost all of these punches and kicks were to this person’s head and face. In my opinion [Roger] was totally out of control at this stage and as such I feared that he would seriously injure this person unless I stopped him. [Tim] and I then jumped over the fence and we managed to pull [Roger] off this guy. We then got back into my car and we drove off. The person who [Roger] had assaulted was left unconscious just inside the fence.

‘[Roger] claimed that the victim had punched and kicked him in the testicles and “the guts” … He said he went “a bit sick ... because of my tablets and stuff ... I just see red all the time when I get somethin’ done to me.” He agreed that he lost self-control. He claimed that, up to the point where the victim fell over the fence, he was acting in self-defence.’


Slide 27

The offender’s sister gave evidence about parental abuse and the offender’s remorse for what he had done. Her evidence impressed the judge.


Consider everything you know so far about Roger. Think, Pair, Share*. Do you think any factors (such as his gender, age, background, or motivation for committing the offence) are more important than others? What might make it hard to get general agreement among your class about this question?

Refer back to your definitions of aggravation and mitigation. In groups, discuss the details of the crime and the circumstances of the offender outlined on the slides. For each factor, nominate whether a judge might consider it to be mitigating or aggravating when determining sentence.

*Think, Pair, Share

This is a structured process to share information efficiently:

1. Think (as individuals) – students think about the topic, take notes, or jot down ideas.2. Pair (in pairs) – pairs of students discuss their thoughts and ideas about the topic. 3. Share (pairs pair – groups of four) – groups then discuss their thoughts and ideas

about the topic, leading to greater knowledge and understanding, with groups presenting to the whole class.


Slide 28

The results of the beatingIt was a passer-by who found the unconscious victim. An ambulance was called and Trent was taken to the Ballarat Hospital. His injuries were described by the prosecutor:

‘As a result of the assault, the victim suffered numerous fractures to the nose, cheek, jaw, and eye area. His face and skull were severely bruised and swollen, virtually unrecognisable. He was transferred to the Melbourne Hospital on 9 April 2000 for further treatment.’

From the contents of his Victim Impact Statement, it appears that the victim remained hospitalised for some 13 days.

Medical examination showed severe facial injuries including a foot imprint on the vault of the skull. There was gross bruising and swelling over the face and a deep laceration to his left eye. CT scans revealed a complex facial fracture and a fracture at the base of the skull.

In his Victim Impact Statement, the victim stated that his treatment was ongoing. He anticipated future surgery and dental treatment as a result of the attack. He described suffering from fits of depression and nervousness at night. He complained of balance problems and dizziness to such an extent that he had to cease his employment as a window cleaner.


Slide 29

This section includes the sentence handed down by the original trial judge.

Remind students that Roger is guilty and that their task is to impose a sentence. They must take into account the total sentence imposed and, if it involves imprisonment, they must also decide on the non-parole period.

It is a good idea to have relevant information from earlier in the program available for students to refer to – printouts of particular slides are recommended as it is unreasonable to expect students to remember all the details of sentencing theory and factors to take into account as well as the facts of the case.

Opportunities arise here for collaborative work in deciding on a sentence, and for discussion and debate once all students have decided on a sentence. This discussion and debate should occur before the actual sentence is revealed.


Slide 30

For this activity, ensure all students make their own decisions. Ask them to note down their reasoning before they come together in small groups to discuss the various results and the reasons for arriving at them.

Later, discussion involving the whole class will almost certainly reveal a wide range of sentences, providing an opportunity for reminding students about the pressure on judges to ‘get it right’.


Taking into account everything you’ve learnt about sentencing, write down what sentence you would give Roger if you were the judge.

Extension

Use a three-column Plus, Minus, and Implications (PMI) chart to help organise your reasoning, compare positives and negatives, and make decisions. In the Plus column enter all the positive factors, in the Minus column enter all the negative factors, and in the Implications column list potential outcomes.

Plus Minus Implications


Slide 31

Use this reminder slide to focus students while they are deciding on their sentence.

Note: Before advancing beyond this slide, students must decide on a sentence to impose.

The value of a penalty unit changes every financial year. The following table gives the value of a penalty unit for the last few years:

Year Amount

2011/2012 $122.14

2012/2013 $140.84

2013/2014 $144.36

2014/2015 $147.61

2015/2016 $155.46


Slide 32

There is likely to be strong agreement and disagreement with this sentence, so discussion about it will have to be handled sensitively.


How do the sentences given by you and your classmates compare with the sentences imposed by the judge? Discuss any major differences and see if you can explain why these have occurred. In light of the information you now have, is it possible to come to a consensus about the sentences?

Extension

Construct columns on a large sheet of paper to represent the sentences decided on by you, your classmates, and the judge. Each student fills in a column using two colours to represent the total effective sentence and the non-parole period. Coordinate the graph so that it begins with the shortest TES and ends with the longest. Insert the judge’s sentence in the appropriate place, highlighting it in some way. ±

Imagine that you are one of the following characters in the case: Roger, Roger’s mate Anton, the victim Trent Beyer, or a member of Roger’s or Trent’s family. Write a short letter to a close friend describing the sentence and your opinion of it.


Slide 33

This slide contains two statements that should reflect the thoughts of students at the conclusion of You be the Judge. It provides an opportunity to focus on the importance of informed opinion when discussing issues such as sentencing.


What important things have you learnt while working through this case study? How far do these two statements reflect what you think?

Write your own short statement to sum up any important changes in your ideas that have occurred while participating in this program. Use the following starters to focus your thinking:

These are the differences between my feelings and thoughts now and at the beginning of the case study...

Reasons for my change in thinking are...

Extension

Using the internet, find a similar case and make your own case study. Present this case study to one or more members of your family and ask them to decide on a suitable sentence. Reflect on the differences between the sentence they impose and the actual sentence that was imposed in that case.

Most of what you have studied in this program has concerned the responsibilities of the courts, judges, and magistrates. What can you, as a member of the community, do to become more informed and responsible about sentencing? Develop an action plan of strategies to raise community awareness of sentencing.

ybtj years 9 and 10 case study - cause injury - notes 2017v - generate a vast ... the value of a...

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