MCQs – Principles of sentencing – seriousness of offences, level of harm

34 min Score: 0 Attempted: 0/34

1. Who shares sentencing authority along with the judiciary in Victoria?
(A) Police only
(B) Lawyers and judges
(C) Legislature and executive
(D) The public

2. Which Act principally contains the sentencing guidelines and options in the Northern Territory?
(A) Criminal Code
(B) Sentencing Act
(C) Misuse of Drugs Act
(D) Youth Justice Act

3. What does the Sentencing Act sometimes require the courts to set for most offences?
(A) Maximum penalty
(B) Minimum fine
(C) Community service hours
(D) Non-parole period

4. Which Act establishes the Parole Board and governs the parole process after sentencing?
(A) Sentencing Act
(B) Traffic Act
(C) Summary Offences Act
(D) Parole of Prisoners Act

5. What is the primary role of the legislature in sentencing?
(A) Enforcing the sentence in prisons
(B) Prescribing penalties and guiding principles for courts
(C) Supervising parole officers
(D) Deciding appeals on sentences

6. Which Acts commonly create offences dealt with by courts in the Northern Territory?
(A) Youth Justice Act only
(B) Sentencing Act only
(C) Criminal Code, Misuse of Drugs Act, Summary Offences Act, Traffic Act
(D) Parole of Prisoners Act only

7. When might a court choose not to set a non-parole period under the Sentencing Act?
(A) For all major offences
(B) When the legislature requests
(C) Only for traffic offences
(D) When the Judge does not consider it appropriate

8. What is the principal function of the executive in sentencing?
(A) To decide guilt of the accused
(B) To grant bail to offenders
(C) To appeal sentences in higher courts
(D) To provide resources and supervise implementation of sentences

9. Under which section of the Criminal Code does the executive have the power to pardon convicted persons?
(A) Section 431
(B) Section 16A
(C) Section 5
(D) Section 10

10. Which of the following is a function of the courts?
(A) Preparing pre-sentence reports
(B) Imposing appropriate sentences according to legislative law
(C) Remitting sentencing orders
(D) Supervising community service orders

11. Who can appeal against a sentence in the Northern Territory?
(A) Either the prosecution or the defence
(B) Only the defence
(C) Only the prosecution
(D) Only the Parole Board

12. According to s 5(1) of the Sentencing Act, which of the following is not a purpose of sentencing?
(A) Detaining a prisoner beyond just punishment without legal authority
(B) Retribution
(C) Protection of the community
(D) Rehabilitation of offenders

13. What is meant by “special or personal deterrence” in sentencing?
(A) Punishing society in general
(B) Imposing indefinite detention
(C) Deterring the offender from committing offences again
(D) Preparing pre-sentence reports

14. What does “general deterrence” aim to achieve?
(A) Deter others from committing similar offences
(B) Protect only the victim of the offence
(C) Punish the offender harshly
(D) Grant parole early

15. Which Act allows the Supreme Court to impose an indefinite sentence on violent offenders in limited cases?
(A) Criminal Code
(B) Youth Justice Act
(C) Sentencing Act
(D) Parole of Prisoners Act

16. What does s 16A(1) of the Commonwealth Crimes Act 1914 require?
(A) To only punish offenders severely
(B) To detain prisoners indefinitely
(C) To impose a sentence or order appropriate in all circumstances of the case
(D) To grant parole automatically

17. Which stage of sentencing is the executive involved in?
(A) Both pre-sentence and post-sentence
(B) Post-sentence only
(C) Pre-sentence only
(D) None

18. Why is sentencing considered a “troublesome exercise”?
(A) Because judges always follow a strict formula
(B) Because the legislature does not allow discretion
(C) Because the purposes of punishment may overlap and point in different directions
(D) Because the executive decides the sentence

19. Which High Court case highlighted the complexities of sentencing discretion in Australia?
(A) Veen v The Queen [No 2] (1987-88)
(B) Mabo v Queensland (1992)
(C) Donoghue v Stevenson (1932)
(D) R v Dudley and Stephens (1884)

20. What principle ensures a sentence does not exceed what is proportionate to the gravity of the offence?
(A) Rehabilitation principle
(B) Proportionality principle
(C) General deterrence principle
(D) Tariff principle

21. Which offenders are usually given more weight to rehabilitation?
(A) First-time offenders of all ages
(B) Offenders of advanced years
(C) Offenders with prior convictions
(D) Young offenders

22. How are offenders with mental disorders usually treated in sentencing?
(A) Given more weight to general deterrence
(B) Automatically receive maximum penalty
(C) Given less weight to general deterrence unless there is strong need for community protection
(D) Always receive non-custodial sentences

23. What factor increases the severity of a sentence for an offence?
(A) Offender showing remorse
(B) Offence involving a breach of trust
(C) Offender being a sole parent
(D) Offender assisting authorities

24. What is the effect of prior convictions on sentencing?
(A) More weight may be given to punishment, deterrence, and protection of the community
(B) Sentences cannot consider prior offences
(C) Sentences are always decreased
(D) Only rehabilitation is considered

25. How are informers usually treated in sentencing?
(A) More severely
(B) Same as all other offenders
(C) Leniently if their assistance helps prosecute other offenders
(D) Automatically granted parole

26. What does “tariff sentencing” refer to?
(A) A maximum sentence that can never be exceeded
(B) Sentences determined by the executive
(C) A normal range of sentences for a particular offence
(D) Indefinite sentencing for violent crimes

27. Which offences are less likely to have a tariff due to variable criminality?
(A) Traffic offences
(B) Armed robbery
(C) Manslaughter, sexual assaults, and dangerous acts
(D) Minor property offences

28. What is a “guideline judgment”?
(A) A sentencing scale suggesting ranges and main aggravating/mitigating factors for common offences
(B) A law made by the legislature
(C) A mandatory sentence for all offences
(D) A Parole Board decision

29. Which section of the Sentencing Act lists matters courts must have regard to when sentencing?
(A) s 431
(B) s 16A
(C) s 5(2)
(D) s 10

30. Which of the following is considered by the court as an aggravating or mitigating factor?
(A) All of the above
(B) Injury, loss, or damage caused
(C) Defendant’s age, character, and intellectual capacity
(D) Nature and circumstances of the offence

31. What is the minimum term or non-parole period for sentences under Northern Territory law for offences other than sexual offences?
(A) 25% of the head sentence
(B) 50% of the head sentence
(C) 70% of the head sentence
(D) Equal to the head sentence

32. For sexual offences, what is the minimum non-parole period?
(A) 70% of the head sentence
(B) 60% of the head sentence
(C) 50% of the head sentence
(D) 80% of the head sentence

33. What is the minimum non-parole period for murder under the Sentencing Act in the Northern Territory?
(A) 10 years
(B) 20 or in some cases 25 years
(C) 15 years
(D) No minimum is prescribed

34. What is the main purpose of setting a minimum term or non-parole period?
(A) To enable the Parole Board to consider conditional release under supervision
(B) To allow early release without supervision
(C) To automatically reduce the head sentence
(D) To punish the offender more severely than the head sentence