ybtj years 9 and 10 case study - drug trafficking - notes 2017 web viewquestions that may be...

You be the Judge Years 9 and 10 – Drug Trafficking 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.

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 had an impact on the people involved.

Victim Impact Statements are not made in drug trafficking cases. This is because there are not individual victims in the same way there is (for example) in violent crimes.


In small groups discuss the following question and then share with the class: In the broad sense, who is the victim (who is harmed) through drug trafficking?

Group members are to support each other to contribute their thoughts and/or opinions on the questions asked.

Alternatively, similar issues are considered in depth in the activities suggested for Slide 14.


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 question posed on the slide.

Reflect on prior learning.

This section concerns:

the definition from the Drugs, Poisons and Controlled Substances Act 1981 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:

traffick – see next slide indictable offence – a more serious offence that is usually heard before a judge and

jury in the County or Supreme Court.

In the Drugs, Poisons and Controlled Substances Act 1981, several other related crimes are specified:

trafficking in a drug of dependence to a child (20 years maximum) trafficking in a drug or drugs of dependence – commercial quantity (25 years

maximum) trafficking in a drug or drugs of dependence – large commercial quantity (life

imprisonment maximum) possession of substance, material, documents, or equipment for trafficking in a drug

of dependence (10 years maximum).

The offender in this case study appears fortunate not to be faced with the more serious crime of trafficking in a commercial quantity.


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 provided on the next slide.

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?


Is trafficking in a drug of dependence 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?

Extension

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

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 drug trafficking? Do you think the maximum penalties for trafficking in a drug of dependence to a child, trafficking in a drug or drugs of dependence – commercial quantity, and trafficking in a drug or drugs of dependence – large commercial quantity are appropriate?

Do you think maximum penalties deter people from committing offences?


Slide 16

The Drugs, Poisons and Controlled Substances Act 1981 can be found on the Victorian Legislation and Parliamentary Documents website: www.legislation.vic.gov.au.

Drugs of dependence are included in Part 1, 2 or 3 of Schedule 11 of the Drugs, Poisons and Controlled Substances Act 1981. Over 120 different drugs are listed in this Schedule.


Why do you think the Drugs, Poisons and Controlled Substances Act 1981 distinguishes between the quantities of the drugs involved?

Why must people in the legal profession take special care to be precise in their use of language?

Extension

Access the National Drug Strategy online to find out the main drugs of concern in Australia. One of the aims of sentencing is to deter others from committing the same crime, yet there is no mention of this role of sentencing in the National Drug Strategy’s list of methods to reduce drug abuse in Australia. What reasons can you suggest for sentencing not appearing in the National Drug Strategy’s list?

http://www.nationaldrugstrategy.gov.au/


Slide 17

Slides 17 to 20 show Victorian sentencing figures for trafficking in a drug of dependence (non-commercial quantity) for the five years ending 30 June 2015.

This graph shows the number of people sentenced to this offence and the number that received an immediate custodial sentence.

In this graph, an immediate custodial sentence includes 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 18

This graph shows the number of people receiving different sentence types for trafficking in a drug of dependence (non-commercial quantity) for the five years ending 30 June 2015.

Other includes sentences such as fines and wholly suspended sentences (a sentence type that is no longer available).

Legal changes

In January 2012, several sentencing orders, including intensive correction orders and community-based orders, were replaced by community correction orders.


If you are found guilty of the crime of trafficking in a drug of dependence, what type of sentence are you most likely to receive? ±

By looking at this graph, what generalisations can you make about the crime of trafficking in a drug of dependence and the punishments it brings? ±


Slide 19

This graph shows the number of people sentenced to imprisonment for trafficking in a drug of dependence (non-commercial quantity) by length of imprisonment term in the five years ending 30 June 2015.

It shows that the most common prison sentence imposed was between two and three years.


Slide 20

This graph shows the age and gender of people sentenced for trafficking in a drug of dependence (non-commercial quantity) in the five years ending 30 June 2015.


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

Extension

Get students to write a response to the following statement: ‘Trafficking in a drug of dependence is a really serious crime – they’re going out there selling drugs to people, often young kids! It’s only a matter of luck that they’re not being charged with murder! The sentences for these people are way too light – they just get a slap on the wrist and they’re back on the streets in no time, peddling drugs again!’ Their responses should be appropriate for a newspaper letter to the editor. Letters will be a maximum of 200 words.


Slide 21

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 may 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.

This section includes:

a description of the offenders 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 and Terri is guilty as charged. Remind students that You be the Judge is concerned with sentencing only.

Extracts from the judges’ 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.

Note: This case study refers to the offender committing the crime with her mother. However, in the interests of simplicity, these notes only refer to Terri’s sentencing.

This case study (with video) is also included in the Sentencing Advisory Council’s Virtual You be the Judge application, which is available at www.sentencingcouncil.vic.gov.au/virtualjudge.


Slide 22

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

The following are comments from the judge about Terri and her mother (you may want to read the comments out to the students or ask one of them to read it to the group):

‘Both of you have led law abiding and productive lives prior to this offending. There is no evidence of any connections to the criminal world or previous history of any contact with it.

‘No doubt, the burden of having involved your daughter in this offending weighs heavily on you. I also accept that this offending is out of character with the way you have otherwise conducted your life as a productive and law abiding citizen who has not just remained offence free until now, but has been an active contributor to the community through your various sporting associations in particular.

‘Your involvement in this offending was, without doubt, initiated by your mother, a person who, on this occasion, was not guiding you into your early adult life as a law abiding citizen that you had been up until that moment. Whilst you are an adult, for the purposes of the law, responsible for your actions both criminal and otherwise, you are a youthful offender and, thus, your rehabilitation is a significant factor for me to consider in sentencing you on this offence.’


Slide 23

Comments from the judge:

‘From time to time you were required to produce identification to purchase the tablets. On these occasions, you appear to have produced your own identification.

‘The lure of seemingly easy money is what your counsel has put to the court as the explanation for your offending. It is his submission that you stood to gain something in the order of $6,500 at most from this offending, and that it was your intention, [mother], to give your daughter half of this money.

‘Whilst the evidence establishes there was certainly planning behind your offending, in that you travelled to Melbourne and went from chemist to chemist to make your purchases and thereafter removed the packaging from the tablets and stored them in unidentified containers, you made no effort at any stage to book tickets, hotels or hire cars in false identities but, rather, used your own name.’


Slide 24


‘You have pleaded guilty to a serious offence in this state. It is serious because playing any part in the supply of drugs for the illegal manufacture and distribution to those vulnerable and disadvantaged members of the community who are most often the eventual targets for the distribution of illegal drugs is what successive legislatures have sought to tackle as serious criminal behaviour to be condemned.’


Slide 25


‘I accept you may not have realised that what you were doing was tantamount to trafficking in a drug of dependence, because these tablets were readily purchasable across the pharmacy counter. However, no average member of the community is naïve enough to think that some unidentified person is going to pay you almost twice the value of a restricted pharmaceutical product without there being some level of criminality involved in that transaction. It does not assist to not make the inquiry or to shy away from the reality of what is likely to thereafter happen to the substance that you are obtaining and supplying to persons unknown for profit. Not asking questions does not provide protection in these circumstances.’


Consider everything you know so far about Terri. Think, Pair, Share*. Do you think any factors (such as her gender, age, or background) 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 26

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

Remind students that Terri 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 – print-outs 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 27

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. Refer students to the Quick Guide to Sentencing for a list of the available community correction order conditions.

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 to Terri 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 28

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 29

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

Students may be interested in the sentence that Terri’s mother received for committing the same crime. She received six months’ imprisonment, fully suspended for 12 months.


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 differences 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 with their sentence. Coordinate the graph so that it begins with the least severe sentence and ends with the most severe. 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: Terri, Terri’s mum, a pharmacy staff member, or a policeman. Write a short letter to a close friend describing the sentence and your opinion of it.


Slide 30

Comment from the judge:

‘The Crown has also sought to compel the provision of a sample of your DNA to be provided for retention by the law enforcement authorities in Victoria via an application pursuant to [section] 464ZF of the Crimes Act. This application was not consented to by you through your counsel. However, given the serious nature of the offending over that four-day period, with an apparent continuity of purpose at that time, it is my view that it is in the community's interests that the making of that order is justified. I will order that an intimate sample consisting of saliva taken by way of buccal swab be provided. To that end, with respect to the taking of that sample, I am required to warn you that now that I have made that order, the police are entitled to use reasonable force to obtain such a sample during that procedure.’

Having been found guilty, Terri now has her DNA on record to assist the police in Victoria should she ever offend again.


Why would the judge order that DNA be collected from Terri?

Extension

Using the internet, research the rights a person has about giving DNA samples in Victoria.

Using what you have learnt about the possible sentences for trafficking in a drug of dependence, design a hard-hitting, creative poster aimed at preventing people being involved in this crime. Use appropriate language to express your ideas. Keep written text short and direct so it is easily understood by the intended audience, and use visuals that enhance your ideas.


Slide 31

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 the two statements in the slide 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.