Classic Classic Quiz Impact Sentencing by Diamondsareforever Diamondsareforever 0 played - 9 yrs ago A quiz on the influence of impact on sentencing decisions QUIZ 25 QUESTIONS medium 1 Who said that punishment must depend on the circumstances of the offender? Pope GregorySt BedePope John PaulPope FrancisSt Augustine 2 When has research shown that mitigation is important? In cusp casesIn cases where the offender is youngIn cases where the offender is illWhen custody rates are risingWhen lawyers put lots of emphasis on them 3 Who argued that punishment for a gang member may need to be longer than for an effeminate 20 year old? EastonPiperShawTonryPope Gregory 4 How many circumstances affecting sensibility did Bentham have? 3211462324 5 Which of these is not an example of a group for which imprisonment will have a harsher impact? YoungLA Gang MemberOldIllSingle Mother 6 Who argued that justice requires fair warning not necessarily equal impact? PiperTonrySamantaEastonNeale 7 When was the paper that argued this written? 20072006200120082005 8 Which section of the Criminal Justice Act 2003 says the court is 'not prevented' from taking mitigating circumstances into account? S 166(2)S 166(1)S 11S 50S 24(4) 9 Which section of the Criminal Justice Act 2003 says that the court is not prevented from imposing a community sentence rather than custody in light of mitigating circumstances? S 166(2)S 166(1)S 20(1)S 20(5)S 115(1) 10 What does the court have the discretion to apply? FinesImpact mitigationCustodial sentenceCommunity sentenceMercy 11 What is the key point regarding personal mitigation? It is not mandatoryIt is mandatoryIt relates to seriousnessCourts have to follow itIt is a requirement 12 How might assessing seriousness of offending look at personal factors? CulpabilityRelevant to aggrevating factorsRelevant to mitigating factorsHarmImpact 13 What does case law suggest? Censure should be reducedDeterrence should be reducedPersonal circumstances do not need to be severeGeneral circumstances are relevantSeriousness of offending is crucial 14 In which case did a 62 year old with angina have his appeal dismissed? Attorney General's Reference (No 73 of 2006)(Micklefield)R v NR (2005)R v Hussain (2005)Bata (2006)R v H (2005) 15 In which case did an 81 year old sex offender have his appeal dismissed? R v NR (2005)Attorney General's Reference (No 73 of 2006)(Micklefield)Bata (2006)R v H (2005)R v Hussain (2005) 16 In which case did a 68 year old sex offender in poor health have 13 years reduced to 10? R v H (2005)R v Hussain (2005)Attorney General's Reference (No 73 of 2006) (Micklefield)R v NR (2005)Bata (2006) 17 In which case did an 80 year old convicted murderer already have his reduction incorporated into his 10 year sentence? R v H (2005)Bata (2006)R v Hussain (2005)Attorney General's Reference (No 73 of 2006) (Micklefield)R v NR (2005) 18 In which case did a 52 year old disabled man who had substantial aggravating factors in abuse of his step-sons have his appeal dismissed? R v H (2005)R v Hussain (2005)Attorney General's Reference (No 73 of 2006) (Micklefield)R v NR (2005)Bata (2006) 19 In which case was it held that an offenders treatment by other inmates was not a factor to which the court can have proper regard? KeslerBataR v HMillsNall-Cain 20 Which Rule of the Prison Rules 1999 allows for segregation? 451242420 21 Which case is an example of the offender not coming with clean hands? Attorney General's Reference (No 73 of 2006) (Micklefield)KeslerMillsNall-CainR v Hussain 22 What percentage of women in prison have a child under 16? 33%20%5%12%55% 23 What percentage of women in prison have a child under 5? 33%20%55%12%6% 24 What percentage of women in prison are lone parents? 7%20%55%33%12% 25 In which case did the court take account of the offender being a single mother and the distance from her children? R v NR (2005)Mills (2000)Kesler (2005)R v Hussain (2005)Attorney General's Reference (No 73 of 2006) (Micklefield)
