Sentencing

PART ONE: 1500 words (+/- 10%)

Please choose ONE of the following from PART ONE:

  • Critically analyse the use of community sentences as an alternative to custodial sentencing in England and Wales. 

Additional Guidance:

  • Ensure that you contextualise the essay and define key concepts
  • Whilst you may wish to briefly draw upon the development of community sentences to contextualise your work the focus of this essay should be on current penal policy and developments 
  • Your essay must be fully supported by academic literature
  • Your essay must be referenced in accordance with APA 6th edition. 
  • Critically consider the role of third-sector organisations within the delivery of rehabilitation within England and Wales. 

Additional Guidance:

  • Ensure that you contextualise the essay and define key concepts
  • Whilst you may wish to draw on issues pertaining to Transforming Rehabilitation and the Offender Rehabilitation Act you should also try to consider the broader role of third-sector organisations in rehabilitation delivery
  • Your essay must be fully supported by academic literature
  • Your essay must be referenced in accordance with APA 6th edition. 

PART 2: 1500 words (+/- 10%) 

ALL students to complete PART TWO

You are the judge presiding over the sentencing of Daisy Collingwood, who stands before the Court having entered a guilty plea for the offence of Actual Bodily Harm. You have given consideration to a custodial sentence and have, therefore,  requested a Pre-Sentence Report from Probation (extract below). Your task is to provide sentencing remarks and a clear sentencing rationale. This should take into account the following:

  • The sentencing guidelines for the offence which can be found at: https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/assault-occasioning-actual-bodily-harm-racially-religiously-aggravated-abh/
  • You must consider aggravating and mitigating features of the case paying attention to Daisy’s circumstances and the wider-context of the issues associated with her case
  • Your sentencing rationale must draw upon the philosophies of punishment that are relevant to sentencing in this case to demonstrate your understanding and application to the question
  • Your arguments must be underpinned by academic literature

Additional Guidance

  • Use of first person is permissible in this assignment. You may wish to consider using both first and third person as you draw upon literature to develop your rationale. 
  • The rationale should be written as a standard essay. Remember to ensure that you have a clear structure to your work.
  • Avoid quoting/describing large sections of the case study within your essay in order to preserve your word count
  • Your essay must be fully referenced in accordance with APA 6th edition
Pre-Sentence Report
Offender Details
Name: Daisy Collingwood Age: 20
Offence Details Ms Collingwood stands before the Court having entered a guilty plea to the offence of Actual Bodily Harm. The offence occurred on 2nd February 2020. The victim of the offence was a female who was known to Ms Collingwood through their university course. The Crown Prosecution Service account of the offence indicates that the victim had been celebrating her 21st birthday at the local club. She was approached by Ms Collingwood who appeared intoxicated and accused the victim of flirting with her partner. The victim states that an argument ensued and Ms Collingwood shouted abuse at her before slapping, kicking her and pulling her hair. Ms Collingwood took a bottle from a nearby table and attempted to assault the victim to the face with this. The assault ceased once security intervened although Ms Collingwood continued to be verbally abusive to the victim. The victim disclosed pain to her face and bruising to her leg. She also reported that Ms Collingwood had removed a chunk of her hair in the assault. The victim has indicated that this assault has affected her psychologically and that she is no longer willing to go out with her friends. She states that she is fearful of meeting the defendant again for fear of repercussions due to the reputations of Ms Collingwood and her now ex-partner. 
Offence Analysis Ms Collingwood advises me that she had gone to the club with her partner to celebrate their engagement. Throughout the night she had become aware of the victim trying to gain the attention of her partner. This infuriated her as this brought up issues of previous infidelity within the relationship. Ms Collingwood states that later that night she and her partner had an argument and he left to go home. As he left Ms Collingwood states that she saw him ‘flirting’ with the victim. After he left the club Ms Collingwood states that she approached the victim and an argument broke out. Whilst Ms Collingwood has entered a guilty plea to the assault she states that she was provoked by the victim who, Ms Collingwood states, become racially abusive towards her. 
Offender Assessment Accommodation Ms Collingwood informs me that at the time of the offence she had been residing in student accommodation as she was in her final year at university. She has since returned home to her mother and brothers who live an hour away from where the offence took place. 
Education, Training & Employment Ms Collingwood had been studying for a degree in Psychology having had aspirations to become an occupational therapist. However, her attendance had been slipping and she has not submitted any assignments for her final teaching block and as such may have jeopardised her place. Ms Collingwood had been working as a waitress in a local restaurant to help support herself whilst at university. The defendant states that she was wrongfully accused of taking money and so she left-no charges were brought in relation to this. 
Finances Ms Collingwood currently has no form of income. She tells me that she is considering applying for benefits. She states that her brother is able to help her out financially when needed. 
Relationships Ms Collingwood informs me that she has a strained relationship with her parents. She has two older brothers both of whom she is in contact with. Her mother and father separated when she was ten years old. Ms Collingwood recalls that the relationship between her mother and father was volatile. She advised me that both parents relied heavily on alcohol use and that she often witnessed her father assaulting her mother. She recalls that her father would occasionally serve time in prison and that he served a long sentence for an assault against her mother which left her hospitalised. She rarely sees her father.
Ms Collingwood states that her relationship with her brothers is positive and supportive. The eldest brother has had periods of incarceration and both brothers misuse substances. 
Ms Collingwood’s relationship with her partner broke down following the offence. They met at a local bar when Ms Collingwood started university. She states that he was ten years her senior and that they had become engaged a few days before the offence. Ms Collingwood alluded to strains within the relationship in the lead up to the offence and she states that she had considered leaving the relationship due to his behaviour. She reports that he had been unfaithful to her on several occasions. However, she felt that as he had proposed that his behaviour would improve. 
Lifestyle & Associates Ms Collingwood informs me that whilst she has a number of associates she doesn’t feel that she has many supportive friends. She tells me that when she started university she was very outgoing but that her ex-partner was a calming influence on her and so they would often stay in rather than see her friends. Ms Collingwood states that her ex-partner would often invite his friends to her accommodation and that she was scared of them as they were older and carried weapons. 
Alcohol Use Ms Collingwood has indicated that she was heavily intoxicated on the night of the offence. She tells me that she does not generally consider her alcohol use to be problematic although she would occasionally binge drink if she went out with her ex-partner. 
Drug Use Ms Collingwood informs me that she has used illicit substances. These include cocaine, ecstasy, amphetamines and cannabis. She tells me that she was first introduced to cannabis use by her elder brother approximately age twelve. She tells me that she was first introduced to cocaine by her boyfriend and that they would use cocaine recreationally. The use had increased over the last year as the relationship became strained and she was struggling to fund her use. The Court will be aware that Ms Collingwood has a previous conviction for Possession of Class A substance. Ms Collingwood informs me that her drug use has continued following the offence and breakdown of her relationship and she advised that she would like support to be able to reduce this. 
Emotional Wellbeing Ms Collingwood informs me that she has been diagnosed with both anxiety and depression. She tells me that whilst she has previously been medicated she had stopped collecting her prescription a month prior to the offence. Ms Collingwood disclosed previous self-harm but stated that she has had no suicidal ideation. 
Thinking & Behaviour Ms Collingwood’s offending indicated impulsivity and poor emotional management. Whilst Ms Collingwood presented well in the session she tells me that she can be ‘fiery’ and makes decisions that she later regrets. 
Attitudes Ms Collingwood presented as having some anti-social attitudes in relation to her use of substances and pro-criminal ways of funding this. She presented as articulate and amenable in interview but expressed some anti-police beliefs, stating that she felt that she should be trying to catch real criminals. 
Pattern of Offending The Court will be aware that Ms Collingwood has three previous convictions for six separate offences. Whilst of these relate to acquisitive and drug offences which have taken place in the last two years, Ms Collingwood also has a previous conviction for criminal damage from when she was sixteen years old. 
Ms Collingwood has previously been dealt with by way of fines and unpaid work. Probation records indicate that this has been successfully completed. 

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