You be the Judge

Years 9 & 10 Teacher Guide

CrossCurriculum Units

Causing SeriousInjury Intentionally Notes

Sentencing Advisory Council

October 2012

Causing serious injury intentionallyOctober 2012

About these notes

You 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. This program gives students an opportunity to examine background information on sentencing and 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 societal 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 the teacher guide, which provides in-depth background material about sentencing concepts, links to the Victorian Essential Learning Standards (VELS) and suggestions for presenting the program across several domains. This particular case study has been developed for use at Level 6 and can be presented as part of a discrete Civics and Citizenship or English course or as a theme across the domains of Civics and Citizenship, English, Humanities (History), Mathematics, the Arts, Thinking, Communication and Information and Communications Technology.

About the case

The 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:

  • What is sentencing?
  • Sentencing theory
  • The crime and the time
  • The case
  • The sentence
  • Conclusion

Warning

As the case studies are based on real life cases, sensitivity is necessary when using them in the classroom. Fictitious names are used, but the places and events are real. Sensitivity will also be necessary if, for example, particular students have been affected by a similar case or have a parent or close relative who has been involved in such a situation.

Alternative order of presentation

It 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 sentences at the end. Students could then have small group discussions to consider why their sentences may have altered.

Suggested student activities

Information 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, it will be necessary to initiate this before beginning to show the slides. The following indications have been provided to identify activities that are specifically aligned with particular domains:

  • English
  • Civics and Citizenship
  • History
  • Mathematics±
  • ITC
  • Thinking
  • The Arts
  • Communication

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 at the start of an activity indicates that students will require a computer with access to the internet.

Causing serious injury intentionallyOctober 2012Slide 1

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 also 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, parliament and judiciary in the realm of sentencing
  • a list of the various laws that affect sentencing
  • the hierarchy of sentences from the least to the most 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 of reasoning and analysis to compare their own values with societal 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 examining one case in particular. They will be looking at some background material on sentencing and the particular crime that is involved in the case. They will then have a chance to decide on a sentence for the crime and compare it with the actual sentence given by the judge or the magistrate.

In Australia, responsibility for governing is guided by the ‘separation of powers’principle. This means that the power to govern is spread between 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 in the hands of parliament
  • judicial power in the hands of the courts
  • executive power in the hands of government through its agencies.

Suggested student activities

Discussion

  • In Australia, responsibility for governing is guided by the ‘separation of powers’ principle. This means that the power to govern is spread between three groups: parliament, courts and government. Brainstorm using the DOVE* guidelines about why it is important 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 his 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

Common law is a system of law, originally developed in England, that is derived from judges' decisions (which arise from the judicial branch of government), customs and usage, rather than from legislation (which is derived from the parliament).

Suggested student activities

Extension

 Work cooperatively with a partner to research some Acts of Parliament to find examples of maximum sentences (maximum penalties) for three specific crimes (e.g. theft, burglary and murder). Decide what specific tasks need to be undertaken (such as research, assemble information andpresentation) 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.]

The types of sentencing orders listed above are described in detail in the teacher guide.

Suggested student activities

Discussion

  • What values in our society 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 highest to the lowest level. Compare your scale with thescales drawn by other students and discuss any similarities and differences. 

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

Activities here focus on the constraints placed on sentencing judges 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 print-outs) when it is time for them to decide on the sentences they will impose in section 5.

These are the onlypurposes for which sentences might be imposed, not suggestions or examples.

Section 5(1)of theSentencing Act 1991 (Vic):

(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.

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

Suggested student activities

Discussion

  • Rewrite the purposes in the five boxes in your own language. 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?  
  • Sentences should be no more severe than required to achieve the purpose or purposes for which the sentence is imposed: Sentencing Act 1991(Vic) s 5(3).
  • A sentence of imprisonment should not be imposed unless the purpose or purposes for which the sentence is imposed cannot be achieved without confinement: Sentencing Act 1991(Vic) s 5(4).
  • If there is a choice between imposing a community correction order or a drug treatment order, a community correction order should be imposed: Sentencing Act 1991, (Vic) s 5(5).
  • If there is a choice between imposing a fine or a community correction order, a fine should be imposed: Sentencing Act 1991(Vic) s 5(6).
  • A fine should not be imposed if the purpose or purposes for which the sentence is imposed can be achieved by dismissal, discharge or adjournment: Sentencing Act 1991(Vic) s 5(7).

Suggested student activities

Discussion

  • Look up ‘parsimony’ in a thesaurus to find words of 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 members of the community 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. ±

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 mitigating. It may be useful, therefore, to spend some time now getting students to define these terms for themselves. One of the following activities asks students to find definitions of these words. If this is not possible in the classroom, teachers might choose to provide these (or their own) definitions to students:

  • Aggravating: increasing the intensity or severity of anything, making worse or more severe (Macquarie Dictionary, revised third edition)
  • Mitigating: lessening in force or intensity, moderating the severity of something (Macquarie Dictionary, revised third edition).

Suggested student activities

Discussion

  • 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

-Harry Potter could be sentenced for defensive homicide for the death of Voldemort

-James from Twilight could be sentenced after being found guilty of causing serious injury to Bella Swan.

Use a concept map to help plan your story.  

Victim Impact Statements provide vital information for a sentencing judge, ensuring that he or she has a broad picture of how the crime has impacted on people involved.

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

You can find a copy of the Victim Impact Statement form used by victims at

Suggested student activities

Discussion

  • 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 of causing serious injury intentionally?  

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. 

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 they begin to consider their own sentencing decisions and read the sentences imposed by the judges.

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

These concepts are explained in more detail in the teachers guide.

Suggested student activities

Discussion

  • Work out the total effective sentence (TES) in each of the following cases:
  • Case 1: 2 years’ imprisonment for each of three counts of assault served concurrently and 1 year’s imprisonment for theft served cumulatively. (Answer: 3 years)  ±
  • Case 2: 6 years’ imprisonment on each of two counts of culpable driving with 3 years of the second count cumulated. (Answer: 9 years)  ±
  • What is the minimum number of years in prison an offender would serve if he or she received a sentence of 5 years’ imprisonment with a non-parole period of 3 years? (Answer: 3 years)  ±

Extension

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