Law Help - Fines.

[Mey]

I'm abit confused by how you are suposed to apply the totality principal to fines.

So we've given x, 3 fines, 2 level A's and 1 level C. For argument sake lets say the guy earns £500 quid. (my intial though would be £1250 (+£15 victim surcharge as of april 2007 - but then that doesn't really fit with the whole totality principal..)

So using the Totality principal correctly, what would be the total fine and why?

Cheers.

 

[Cadelin]

£1 million.

They broke the rules right? That means that they deserve whatever fine they get.. Am I right?

 

[Mey]

Unfortunately not, I'm sentencing in a Magistrates court so can only give a max of £5000

 

[Raven]

Aww thats a shame, would have been nice to take his house tbh, what did the evil fucker do?

 

[Bahumat]

Mey I see your lips moving, but it's pure evil that's being spilt forth!

In all seriousness, it's interesting so am eager to see someone's explanation of the process.

 

[Mey]

Aww thats a shame, would have been nice to take his house tbh, what did the evil fucker do?

Mostly driving offences. Unfortunately he decided to pay on the day using his credit card!

 

[tris-]

youre a magistrate, mey?
i thought they got enough legal training, add to that the clerk of the court giving advice left and right!

 

[Mey]

Nah not a magistrate. Though I was going to apply to be one not to long ago lol xD.

Its for my Legal Exam. I'm probably going to Stick to Passing Custodial and Community sentences rather than the Fines tbh.

 

[BloodOmen]

Nah not a magistrate. Though I was going to apply to be one not to long ago lol xD.

Its for my Legal Exam. I'm probably going to Stick to Passing Custodial and Community sentences rather than the Fines tbh.

Need more input what did the "guy" get a fine for etc? can't help you out if you don't give full info good sir magistrates generally only dish out custodial sentences for serious crimes if they can't come to a decision they just pass the case onto crown court and claim they cannot pass judgement on this particular matter.

Give more advice pls mey whats the guy got the fine for?

 

[Mey]

The actual offences are inconsqeuntial. But let's just say for argument sake, Driving without insurance, speeding, failure to stop.

What I need to know is how I apply the Totality prinicpal to the the fines, my notes are very vauge (I can't remeber ever getting taught how to do it tbh) and just say round down.

 

[BloodOmen]

The actual offences are inconsqeuntial. But let's just say for argument sake, Driving without insurance, speeding, failure to stop.

What I need to know is how I apply the Totality prinicpal to the the fines, my notes are very vauge (I can't remeber ever getting taught how to do it tbh) and just say round down.

In which case i'm unsure mey .

 

[Tilda]

Mey, i doubt I'll be much use, I've only done two years of criminal law, and none of them related to fines and applications. Sorry :S

Good luck for your exams!

 

[Bahumat]

The actual offences are inconsqeuntial. But let's just say for argument sake, Driving without insurance, speeding, failure to stop.

What I need to know is how I apply the Totality prinicpal to the the fines, my notes are very vauge (I can't remeber ever getting taught how to do it tbh) and just say round down.

this might help
Sentencing the multiple offender : judicial practice and legal principle [RPP no. 59]

 

[Mey]

Sods law was that it turned up on the exam but I did the ground work then just ignored the last part, so probably only dropped 4 or so marks.

The big important 20 marks each questions I aced remebering all the relevant CJA:2003 acts and how to apply them, so I don't really care.

Time to go get pissed!

 

[Lamp]

Awesome thread

 

[Mey]

You said it MChammer!