Possible Sentences For Criminal Offences

Possible Sentences For Criminal Offences

One of the many aspects of the role of criminal lawyers is to consider what submissions and mitigations they are going to make to the court, in relation to sentencing should a client be convicted of a crime.

This requires a thorough knowledge of sentencing rules as they apply in that jurisdiction, what the maximum and minimum sentences might be for any particular crime, and the circumstances that exist with regards to it.

To some extent, punishments for committing a crime are set in order to act as a deterrent, but obviously, if someone has already committed and been convicted of that crime, that deterrent has failed in their instance. However, that does not mean that the knowledge of punishments such as prison sentences, do not act as a deterrent to others.

When it comes to sentencing and the punishments for crimes, there are basically three distinct entities that have a bearing on them. The first is the parliaments that determine what constitutes a crime, pass laws to enact them, and within those laws, there will be sentencing criteria also.

The next entity is the courts, and that will obviously include judges who hand down the punishments. They have leeway with regards to what the punishment may be, although these will always have to be within the boundaries of the law as it applies to any particular crime.

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When Are Threats To Kill An Offense?

Criminal law is a complicated topic that takes an expert to understand. Even things like threats can carry significant penalties if you are prosecuted, and it’s very important to make sure that you speak with criminal lawyers to explore your options if you’re ever charged with a crime.

However, it can be hard to know when threats are actually an offence, and when they can be seen as a joke. I mean, we’ve all had thoughts along the lines of “I’d love to kill that person,” right?

Unfortunately, the law in Australia is quite clear, which means that you need to be careful about what you say and do. If you ask the professionals at Lawyers Perth, ultimately, threats to kill can result in significant penalties, even if they aren’t meant seriously.

How Is A Threat To Kill Defined As An Offence?

Now, it’s important to note that the laws surrounding intimidating threats vary from state to state within Australia, but most are quite similar. The NSW law is quite simple and easy to understand, so I’m going to use it here as an example.

In New South Wales, the Crimes Act 1900 contains laws which govern offences including threats to kill. It basically outlines two situations which can lead to prosecution:

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