Yr.12 legal Studies: Crime – Discuss the factors affecting sentencing

NSW Legal Studies syllabus HSC course

This learning activity is aligned to the syllabus ‘learn to‘ statement:

• Discuss factors that affect sentencing decisions.

The aim for this learning activity is to provide students with a deeper understanding of the course content through reference to either contemporary case studies, media events or amendments to legislation.

Students will develop an appreciation for the key objectives of the Crimes (Sentencing Procedures) Act to promote consistency and fairness in sentencing but also to consider the circumstances of the offence, the offender, and ensuring that the punishment fits the crime.

Students will examine factors that may affect sentencing with reference recent court case proceedings.

• Aggravating factors – R v Fletcher [2020] NSWSC 1478
• Aggravating factors (excessive and gratuitous cruelty) – R v Wood [2018] NSWSC 1855
• Mitigating factors (remorse, good prospects for rehabilitation) – R v Meredith [2022] NSWDC 504
• Sentencing (time already spent in remand) – R v Bailey [2021] NSWDC 372
• Mandatory sentence (one punch law) – R v Garth (No 2) [2017] NSWDC 471
• Community Correction Order – R v Damaso [2022] NSWDC 473
• Sentencing – detained pursuant to s 33 Mental Health and Cognitive Impairment Forensic Provisions Act – R v Jawid [2022] NSWSC 788
• Sentencing – sentencing offenders when the crime pre-dates changes to the law – R v Rumsby (No 6) [2023] NSWSC 916

The activity requires students to read reference material and to complete a series of review based questions.

This learning activity is also cross reference with syllabus outcomes as well as aligned to the relevant theme and challenge component.

The activity is well suited as a minor research task.

The inclusion of contemporary media events and court cases is well suited to act as a supplement for student class notes.