You be the Judge Years 9 & 10 Arson Notes 1

Slide 1

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. You be the Judge gives students an opportunity to examine background information on sentencing and to consider 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:

 You be the Judge Years 9 & 10 Teacher Guide, which provides links to the Victorian Essential Learning Standards (VELS) and suggestions for presenting the program across several domains. This case study has You be the Judge Years 9 & 10 Arson Notes 2

been developed for use at Level 6 and can be presented as part of a discrete English or Civics & Citizenship course or as a theme across the domains of English, Civics & Citizenship, Humanities (History), Mathematics, Information and Communications Technology (ITC), the Arts, Thinking, and Communication

 A Quick Guide to Sentencing, which is a short, plain-language overview for teachers and students of the ‘what, when, where, how, and why’ of sentencing in Victoria. The Quick Guide is available on the Council’s website.

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:

1. What is sentencing?

2. Sentencing theory

3. The crime and the time

4. The case

5. The sentence

6. Conclusion.

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 sentence at the end. Students could then have small group discussions to consider why their sentences may have altered. You be the Judge Years 9 & 10 Arson Notes 3

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, initiate this before beginning to show the slides. The following indications are provided to identify activities that are specifically aligned with particular domains:

 English 

 Civics & 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 is used to indicate activities that require student use of a computer and the internet. You be the Judge Years 9 & 10 Arson Notes 4

Slide 2

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 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, the parliament, and the judiciary in the realm of sentencing

 a list of the various laws that affect sentencing

 the hierarchy of sentences from the most to the least severe. You be the Judge Years 9 & 10 Arson Notes 5

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 for 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 that they will be examining one case in particular. They will be looking at some background material on sentencing and the particular crime involved in the case. They will then have a chance to decide on a sentence for the crime and compare their sentence with the actual sentence given by the judge or the magistrate. You be the Judge Years 9 & 10 Arson Notes 6

Slide 3

In Australia, responsibility for governing is guided by the separation of powers principle. This means that the power to govern is spread among 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 is in the hands of parliament

 judicial power is in the hands of the courts

 executive power is in the hands of government through its agencies. You be the Judge Years 9 & 10 Arson Notes 7

Suggested student activities

Discussion  In Australia, responsibility for governing is guided by the separation of powers principle, meaning that the power to govern is spread among three groups: parliament, courts, and government.

 Brainstorm using the DOVE* guidelines about why it is important that 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 Joe’s 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. You be the Judge Years 9 & 10 Arson Notes 8

Slide 4

Common law is a system of law, originally developed in England, that is derived from judges’ decisions, 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 (for example, theft, burglary, and murder).

 Decide what specific tasks need to be undertaken (such as research, assembling information, and presentation) 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.      You be the Judge Years 9 & 10 Arson Notes 9

[Teacher: collate all groups’ information on the board to build a list of maximum sentences for a range of offences in Victoria.] You be the Judge Years 9 & 10 Arson Notes 10

Slide 5

The sentencing orders listed above are described in detail in A Quick Guide to Sentencing.

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 lowest to the highest level.   

 Compare your scale with scales drawn by other students and discuss any similarities and differences.    You be the Judge Years 9 & 10 Arson Notes 11

Slide 6

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 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. You be the Judge Years 9 & 10 Arson Notes 12

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. You be the Judge Years 9 & 10 Arson Notes 13

Slide 7

These are the only purposes for which sentences can be imposed, not suggestions or examples.

Section 5(1) of the Sentencing Act 1991:

(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. You be the Judge Years 9 & 10 Arson Notes 14

Suggested student activities

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

Discussion  Rewrite the purposes in the five boxes in the slide 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?     You be the Judge Years 9 & 10 Arson Notes 15

Slide 8

Section 5 of the Sentencing Act 1991 specifies:

 Sentences should be no more severe than required to achieve the purpose or purposes for which the sentence is imposed: Sentencing Act 1991 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 s 5(4).

 If there is a choice between imposing a fine or a community correction order, a fine should be imposed: Sentencing Act 1991 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 s 5(7). You be the Judge Years 9 & 10 Arson Notes 16

Suggested student activities

Discussion  Look up parsimony in a thesaurus to find words with a 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.    ±  You be the Judge Years 9 & 10 Arson Notes 17

Slide 9

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 are 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)

 Mitigating: lessening in force or intensity, moderating the severity of something (Macquarie Dictionary). You be the Judge Years 9 & 10 Arson Notes 18

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

 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.     You be the Judge Years 9 & 10 Arson Notes 19

Slide 10

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

Note that Victim Impact Statements are not produced at every trial. In the trial used in this case study, there are no Victim Impact Statements. However, if you wish to focus on this aspect of the sentencing procedure later in the study, it is possible to have students compose imaginary Victim Impact Statements for the owners of the factory (see Slide 21) once students have information about the crime.

You can find a copy of the Victim Impact Statement form used by victims at the Victims of Crime website. You be the Judge Years 9 & 10 Arson Notes 20

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 arson?    

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.     You be the Judge Years 9 & 10 Arson Notes 21

Slide 11

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

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

These concepts are explained in more detail in the Council’s A Quick Guide to Sentencing. You be the Judge Years 9 & 10 Arson Notes 22

Suggested student activities

Discussion Work out the total effective sentence (TES) in each of the following cases:

 Case 1: two years’ imprisonment for each of three counts of assault served concurrently and one year’s imprisonment for theft served cumulatively. (Answer: three years)  ±

 Case 2: six years’ imprisonment on each of two counts of culpable driving with three years of the second count cumulated. (Answer: nine years)  ±

Extension Design a pamphlet using an appropriate software program (e.g. MS Word, MS Publisher) to educate the general public about cumulative and concurrent sentences. Use pictures and graphs to make the pamphlet creative, informative, and suitable for the audience.  ±    You be the Judge Years 9 & 10 Arson Notes 23

Slide 12

The non-parole period (NPP) specifies the period during which an offender must remain in custody. The NPP must be at least six months less than the term of the prison sentence.

When offenders have served their non-parole period, the Adult Parole Board determines if they will be released on parole and what the conditions of that release will be. Parole is a form of supervised release for offenders sentenced to a term of imprisonment. Offenders on parole are still serving their sentence. If they breach the conditions of their parole, they can be returned to prison. The aim of parole is to ensure that offenders get help in the transition from prison into the community, while still being subject to supervision.

The Sentencing Act 1991 s 11 says a court must set a NPP for any sentence of imprisonment of two years or more, unless it is not appropriate to do so because of the nature of the offence or the past history of the offender. For sentences of 12 to 24 months, it is up to the court to decide whether or not to fix a non-parole period. For sentences of less than 12 months, a non-parole period is not possible. You be the Judge Years 9 & 10 Arson Notes 24

NPP for baseline offences

Parliament has set the minimum NPP (as a percentage of the total effective sentence) for seven baseline offences:

 murder

 trafficking in a large commercial quantity of a drug of dependence

 culpable driving causing death.

 sexual penetration of a child under 12 years

 persistent sexual abuse of a child under 16 years

 Incest with a child, step-child, or lineal descendant (under 18 years)

 Incest with the child, step-child, or lineal descendant (under 18 years) of a de facto spouse.

These set minimum NPPs are:

 30 years if the total effective sentence (TES) is a term of life imprisonment

 70% of the TES if the TES is 20 years or more

 60% of the TES if the TES is less than 20 years.

Suggested student activities

Discussion What is the minimum number of years in prison an offender would serve if he or she received a sentence of five years’ imprisonment with a non-parole period of three years? (Answer: three years)  ±

Extension  Design a pamphlet using an appropriate software program (e.g. MS Word, MS Publisher) to educate the general public about parole. Use pictures and graphs to make it creative, informative, and suitable for the audience. You be the Judge Years 9 & 10 Arson Notes 25

 If you were a sentencing judge, what characteristics would make you a fair, effective, and just judge? Write a small job advertisement for a sentencing judge, including the most relevant characteristics.

 Look up the words objective and subjective in your dictionary. List all the factors mentioned so far that a judge has to take into account when sentencing and divide the factors into three groups – those that are objective, those that are subjective, and those you can’t decide on. Compare your findings with the findings of others. After discussion, allocate all the ‘undecided’ items to one of the other two headings. You be the Judge Years 9 & 10 Arson Notes 26

Slide 13

Collect student answers, predictions, or views in answer to the questions posed on the slide.

Reflect on prior learning.

This section concerns:

 the definition from the Crimes Act 1958 of the crime involved in this case study

 statistics showing the number of convictions and sentencing trends for this offence over the past few years.

The statistics in this section of the presentation are taken from the Sentencing Advisory Council’s Sentencing Snapshots. The Snapshots are available from the Council’s website. You be the Judge Years 9 & 10 Arson Notes 27

Slide 14

Definitions relevant to this offence are:

 property – includes money and all other property, real or personal, including things in action and other intangible property: Crimes Act 1958 s 71(1)

 belonging – any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest): Crimes Act 1958 s 71(2)

 indictable offence – a more serious offence that is usually heard before a judge and jury in the County or Supreme Court. You be the Judge Years 9 & 10 Arson Notes 28

Suggested student activities

Discussion  What legal terms would you want explained to you if you were accused of this crime? Individually, in pairs, or in groups, work out definitions for these terms, then compare these with the definitions used in the Crimes Act.   

 Understanding these terms is most important for which people? Why is it important that they understand these terms? What might be the consequences if they misunderstand these terms?   

 Is arson a serious crime? Why? Make a list of points to support your opinion using appropriate supporting evidence. How does your opinion compare with the opinions of others in your class?   

Extension   What examples of this crime have been featured in the media recently? Use the internet to locate information. Try using a search phrase such as ‘arson recent cases’ on Australian pages only. In the media coverage, can you find any explanation for the reasons or the motive for the crime or any indication of the seriousness of this crime?    

 Consider the Nine Values for Australian Schooling*. Which of these values does this crime go against? Are there other values commonly held in Australia that this crime goes against?  

National Framework: Nine Values for Australian schooling* Care and Compassion  Honesty and Trustworthiness  Doing Your Best  Integrity  Fair Go  Respect  Freedom  Responsibility  Understanding, Tolerance, and Inclusion You be the Judge Years 9 & 10 Arson Notes 29

Slide 15

Slides 15 to 18 show Victorian sentencing figures for Arson for the five years ending 30 June 2012.

An immediate custodial sentence is any sentence that involves a period of immediate imprisonment, including a partially suspended sentence.

Suspended sentences

Wholly and partially suspended sentences have been phased out in Victoria:

 starting in November 2006 with major restrictions on the imposition of suspended sentences for serious and significant offences (including arson, armed robbery, murder, and manslaughter)

 abolishing suspended sentences for serious and significant offences committed on or after 1 May 2011

 abolishing suspended sentences in the higher courts for any offence committed on or after 1 September 2013 You be the Judge Years 9 & 10 Arson Notes 30

 abolishing suspended sentences in the Magistrates’ Court for any offence committed on or after 1 September 2014

Suggested student activities

Discussion  Print out this and the following graphs. Allocate different graphs to small groups to analyse and summarise trends and have students report back to the class on the findings.  ± 

 Summarise the trends shown in this graph.  ± 

 Ask students to reflect on their learning by writing down three things that they have learnt about sentencing.  ± 

 Is there anything about the figures, proportions, or trends in the graph that surprises you? If so, why is it surprising?  ±  You be the Judge Years 9 & 10 Arson Notes 31

Slide 16

This graph shows the number of people sentenced to various sentence types for arson for the five years ending 30 June 2012.

Suggested student activities

Discussion If you are found guilty of the crime of arson, are you more likely to receive a custodial sentence (prison or detention) or a non-custodial sentence (e.g. a community correction order)?  ±

By looking at this graph, what generalisations can you make about the crime of arson and the punishments it brings?  ±  You be the Judge Years 9 & 10 Arson Notes 32

Slide 17

This graph shows the age and gender of people sentenced for arson in the five years ending 30 June 2012.

Suggested student activities

Discussion  What kinds of people (age and gender) are most often and least often sentenced for arson?  ± 

 Is there anything about the figures, proportions, or trends in the graph that surprises you?  ± 

Extension  What are the pros and cons of sentencing that tries to keep young offenders out of prison?  ± 

 Encourage students to consider factors such as opportunities for rehabilitation and the effect of imprisonment on young offenders’ lives. These factors are important in sentencing the offender at the centre of this case study. You be the Judge Years 9 & 10 Arson Notes 33

Slide 18

This cluster graph shows the number of people sentenced for arson by length of imprisonment and non-parole period. It shows the total effective sentence and the non-parole period for each individual person. The centre of each bubble on the chart represents a combination of imprisonment length and non-parole period, while the size of the bubble reflects the number of people who received that particular combination.

As shown, the most common combination of imprisonment length and non- parole period imposed was two years with a non-parole period of one year (10 people  as represented by the largest bubble on the chart). It is possible to see at a glance where a specific sentence ‘fits’ in the overall picture. The length of imprisonment as shown on this graph ranged from less than one year with no non-parole period (‘No NPP’) to 12 years with a non-parole period of eight years. You be the Judge Years 9 & 10 Arson Notes 34

Return to this slide after students have compared their sentences with that of the trial judge as a basis for discussion about where the various sentences sit on the graph and the implications of this.

Suggested student activities

Discussion  What are the most common total effective sentences and non-parole periods over the period for arson? What does this tell you about the likely actual time spent in prison?  ± 

 Explain how a graph like this could be helpful to a judge or magistrate.  

Extension Arson can bring harm to other people. Discuss your opinion with your classmates, then decide if your original opinion has changed. Do you think the time spent in prison as indicated on this graph is generally adequate? If it is, why? If not, why not?     You be the Judge Years 9 & 10 Arson Notes 35

Slide 19

CAUTION

The case studies are based on real life cases. Therefore, sensitivity is necessary when using the case studies in the classroom. Fictitious names are used here, and these names bear no relation to any person connected with the case. Teachers should be mindful that some students may have been affected by a similar case or have a parent or close relative who has been involved in criminal activity. It is suggested that precaution be taken in the classroom to ensure students do not disclose private information that could cause them harm.

A special warning applies in this particular case study as many Victorians were seriously affected by the bushfires in 2009, some of which were the results of arson. You be the Judge Years 9 & 10 Arson Notes 36

The section includes:

 a description of the offender

 an outline of the charges laid

 a description of the crime

 relevant background information available to the court.

Do not allow students to get bogged down in the detail of the crime. The outcome is already known and Henry is guilty as charged. Remind students that You be the Judge is concerned with sentencing only.

Extracts from the judge’s original sentencing remarks are provided. These remarks may be for teacher reference only or, if time permits, they can be read to or by students to provide a more detailed picture. You be the Judge Years 9 & 10 Arson Notes 37

Slide 20

‘Henry Thomas’ is not the real name of the offender and bears no relation to any person connected with the case. You be the Judge Years 9 & 10 Arson Notes 38

Slide 21

‘Caleb Isaacs’ is not the real name of the accomplice and bears no relation to any person connected with the case.

Part of a statement from Henry Thomas:

‘I was curious as to what I would find and I was looking for something to steal. I stayed in there for about 10 minutes and then I thought about stealing the computers inside the factory. I thought I would need some help stealing the computers. I got out of the building the same way that I had got in which was through the skylight and went home.

‘When I got home [Caleb] was awake in his room. I knocked on his door and told him about the computers and that I wanted to steal them. I told [Caleb] about the computers because he had been talking about wanting to buy a computer. I told [Caleb] that we could take the computers and have two each and that we might make some money You be the Judge Years 9 & 10 Arson Notes 39

from them. My intention was to use one for school and sell the other one to pay an orthodontic bill. [Caleb] agreed to help steal the computers and we went back to the factory.

‘We got back into the factory through the roof. [Caleb] knows a little bit about computers so I got him to turn them on and check them out. Once he told me that they were worth about $700 each or something we started to dismantle them. Then we opened one of the front windows, I hopped outside while [Caleb] passed the goods out of the window. The first thing we took out were the computers, which took an hour or so. Then we took other stuff, which included stationery, printer, pens and other stuff that I can’t remember what it was.

‘We then began carrying the computers back home one by one. It would have taken about another hour and a half to get all the computers and other goods back home. We put two computers in my room and two computers in [Caleb’s] room.

‘We made about 5 or 6 trips between our place and the factory.’ You be the Judge Years 9 & 10 Arson Notes 40

Slide 22

Part of a statement from Henry Thomas:

‘While I was on the phone I could hear [Caleb] in the other office making a mess of the place. I was worried about that because I’ve been in trouble with the police before and thought he may have left fingerprints and footprints making the mess. I was worried that I may have left footprints walking through the mess that he’d made. I suggested to [Caleb] that we might have to burn the place down to destroy any evidence. He didn’t object to this but he wasn’t exactly eager to do it either.

‘[Caleb] had ripped open a big plastic bag full of shredded paper and spread it by kicking it around in a back office. It looked like he thought he was in the snow. As he was doing that I repeatedly said to [Caleb] , “Do you reckon we should do it[?]” I was nervous about lighting a fire in the factory because I had never done anything like that before. I wasn’t really that serious about it at the time. I was waiting for [Caleb] You be the Judge Years 9 & 10 Arson Notes 41

to say yes or no to lighting it. He definitely knew that I was talking about burning the place down and he may have even said "Yes” at one stage but I can’t really recall because he talks really softly. He certainly didn’t try and talk me out of burning the place down. [Caleb] and I didn’t have a cigarette lighter to get the fire started so we went back home to look for one.

‘[Caleb] ended up finding a lighter but I don’t know where he got it from. We then went back to the factory. As far as I was concerned we were going to set the place alight together. He knew what we were looking for a lighter for, which was to burn the factory down. I never threatened him to help me – he was more than willing to stick by me.

‘[Caleb] seemed quite excited because he was laughing while we were watching the fire. We waited until the fire trucks arrived and then went back home.

‘I accept responsibility for suggesting and lighting the fire but [Caleb] was well aware of what I wanted to do. He never disagreed with me, he found the cigarette lighter and was present at the time I lit the fire.’ You be the Judge Years 9 & 10 Arson Notes 42

Slide 23

Suggested student activities

Discussion  Consider everything you know so far about Henry. Think, Pair, Share*. What are the most important factors (including gender, age, background, or motivation for committing the offence) that might influence his sentence? What might make it hard to get a general agreement among your class about this question?   

 The role of the accomplice, Caleb Isaacs, appears to be given prominence by Henry Thomas in his statement. What aspects of Caleb’s role could the sentencing judge be expected to take into account when deciding on a sentence for Henry?    

 Refer back to your definitions of aggravation and mitigation. In groups, discuss the details of the crime and the circumstances of the offender as outlined on the slides. For each factor, nominate whether a judge might consider it to be mitigating or aggravating when determining sentence.     You be the Judge Years 9 & 10 Arson Notes 43

Think, Pair, Share*

This is a structured process to share information efficiently:

1. Think (as individuals) – students think about the topic, take notes, or jot down ideas.

2. Pair (in pairs) – pairs of students discuss their thoughts and ideas about the topic.

3. Share (pairs pair – groups of four) – groups then discuss their thoughts and ideas about the topic, leading to greater knowledge and understanding, with groups presenting to the whole class. You be the Judge Years 9 & 10 Arson Notes 44

Slide 24

This section includes the sentence handed down by the original trial judge.

Remind students that Henry is guilty and that their task is to impose a sentence. They must take into account the total sentence imposed and, if it involves imprisonment, they must also decide on the non-parole period.

Because it has multiple and diverse offences, this case study makes for a complex sentencing situation. It will help students to clarify their task if you encourage some preliminary discussion about the relative seriousness of the different offences involved.

It is a good idea to have relevant information from earlier in the program available for students to refer to – print-outs of particular slides are recommended as it is unreasonable to expect students to remember all the details of sentencing theory and factors to take into account as well as the facts of the case.

Opportunities arise here for collaborative work in deciding on a sentence, and for discussion and debate once all students have decided on a sentence. This discussion and debate should occur before the actual sentence is revealed. You be the Judge Years 9 & 10 Arson Notes 45

Slide 25

For this activity, ensure all students make their own decisions. Ask them to note down their reasoning before they come together in small groups to discuss the various results and the reasons for arriving at them. Refer students to the Quick Guide to Sentencing for a list of the available community correction order conditions.

Henry has been found guilty of five counts, so there are five separate counts to deal with. Each count will result in its own sentence (summarised on the next slide). It is advisable to revisit the ideas of cumulative and concurrent sentences set out on Slide 11.

Remind students that if they choose imprisonment for more than one count, they will need to decide if these prison sentences are to be served partly or wholly cumulatively (added up) or concurrently (at the same time).

After any cumulation and concurrency have been applied, the result is the total effective sentence (TES) (also known as the head sentence). Then the non-parole period can be set. You be the Judge Years 9 & 10 Arson Notes 46

Later, discussion involving the whole class will almost certainly reveal a wide range of sentences, providing an opportunity for reminding students about the pressure on judges to ‘get it right’.

Suggested student activities

Discussion Taking into account everything you’ve learnt about sentencing, write down what sentence you would give Henry Thomas if you were the judge.  

Extension Use a three-column Plus, Minus, and Implications (PMI) chart to help organise your reasoning, compare positives and negatives, and make decisions. In the Plus column enter all the positive factors, in the Minus column enter all the negative factors, and in the Implications column list potential outcomes.  

Plus Minus Implications

You be the Judge Years 9 & 10 Arson Notes 47

Slide 26

Use this reminder slide to focus students while they are deciding on their sentence.

Note: Before advancing beyond this slide, students must decide on a sentence to impose.

The value of a penalty unit changes every financial year. The following table gives the value of a penalty unit for the last few years:

Year Amount 2009/2010 $116.82 2010/2011 $119.45 2011/2012 $122.14 2012/2013 $140.84 2013/2014 $144.36 2014/2015 $147.61 You be the Judge Years 9 & 10 Arson Notes 48

Slide 27

Remember that sentences are concurrent, except where they have been specifically cumulated.

The combined sentences add up to eight years, one month and two weeks, but because most of the sentences for counts 1 to 4 will be served concurrently, the total effective sentence (TES) is four years and six months.

The full arson sentence (four years) is to be served, reflecting the seriousness of the offence. It will be cumulated with six months of the burglary sentence.

The relative seriousness of the sentences reflects the relative seriousness of the crimes committed.

There is likely to be strong agreement and disagreement with this sentence, so discussion about it will have to be handled sensitively. You be the Judge Years 9 & 10 Arson Notes 49

Suggested student activities

Discussion How do the sentences given by you and your classmates compare with the sentences imposed by the judge? Discuss any major differences and see if you can explain why these differences have occurred. In light of the information you now have, is it possible to come to a consensus about the sentences?   

Extension  Construct columns on a large sheet of paper to represent the sentences decided on by you, your classmates, and the judge. Each student fills in a column using two colours to represent the total effective sentence and the non-parole period. Coordinate the graph so that it begins with the shortest TES and ends with the longest. Insert the judge’s sentence in the appropriate place, highlighting it in some way.  ±

 Imagine that you are one of the following characters in the case: Henry, Caleb, the owner or owners of the factory Henry and Caleb broke into, or a member of Henry’s or Caleb’s family. Write a short letter to a close friend describing the sentence and your opinion of it.     You be the Judge Years 9 & 10 Arson Notes 50

Slide 28

This slide contains two statements that should reflect the thoughts of students at the conclusion of You be the Judge. It provides an opportunity to focus on the importance of informed opinion when discussing issues such as sentencing.

Suggested student activities

Discussion  What important things have you learnt while working through this case study? How far do the two statements in the slide reflect what you think?  

 Write your own short statement to sum up any important changes in your ideas that have occurred while participating in this program. Use the following starters to focus your thinking:   

 These are the differences between my feelings and thoughts now and at the beginning of the case study...

 Reasons for my change in thinking are... You be the Judge Years 9 & 10 Arson Notes 51

Extension  Using the internet, find a similar case and make your own case study. Present this case study to one or more members of your family and ask them to decide on a suitable sentence. Reflect on the differences between the sentence they impose and the actual sentence that was imposed in that case.    

 Most of what you have studied in this program has concerned the responsibilities of the courts, judges, and magistrates. What can you, as a member of society, do to become more informed and responsible about sentencing? Develop an action plan of strategies to raise community awareness of sentencing.    