SENTENCING EXERCISE

Sentencing Exercise - Alan Smith Burglary Case

Sentencing Exercise - Alan Smith Burglary Case

Introduction

In the given case of Alan Smith, the crown court has enough powers to decide a sentence. I will take the sentence in light of the fact that Alan Smith is an adult. The range of sentences change over time, hence I have taken this sentence in lieu with the latest details available on the range of powers with the magistrate and crown court (Sentencing Council, 2012, p. 5). Hence, using my sentencing powers I sentence Alan Smith to rehab for a period of 6 months. Also, he shall be kept in custody for a period of 12 months during which his conduct will be monitored.

Discussion

The sentence that has been made on Alan Smith has been passed after taking into account a number of factors. Alan has been involved in the past in crimes of a similar nature and his recent crime for which he is being prosecuted in the court is a level above the crimes he committed earlier. This means that there is a high degree of likelihood for him to falter again. The current crime has been committed under the community service which reflects the limitation or inability of the service to bring him back to life of decency and free of crime.

Alan Smith has been doing drugs for the past several years. He also has a record of trying to commit suicide (Joyce, 2012, p. 320). This clearly shows that drugs have affected his ability to remain rational at all times. I feel that he needs to attend rehab. The statistics on the success of rehab show that those who are deemed as successful out of rehab have no history of crime and remain sober. This is true for 70 percent of the rehab attendants and is quite a positive figure for the court to give Alan Smith his last chance. Since, there has been only one incidence where Alan expressed his suicidal tendencies; the court deems that a drug rehabilitation period of 6 months should be enough. The case report of Alan Smith during this time will be reviewed on a monthly basis by myself. In case, Alan does not consent to attend drug rehabilitation, the court will consider this as a solid ground for imprisonment. Since, Alan is above 18 years of age he is allowed to enter ...