FBS80002: Fundamentals of Criminal Law Process - Law Assignment Help

Assignment Task

Assessment Task: Long answer question – Applying sentencing principles

Details of task: Review the following case vignette describing a female offender with low cognitive functioning who has been convicted of making bomb threats. Your task is to answer the following question:

What sentence would you impose on Louise?

Justify your response with reference to the principles of sentencing. Be sure to refer to the criteria for marking when formulating your response (at the end of this document).

Case Vignette

Background

Louise is a 36-year-old woman. She was raised by her biological mother and stepfather. She is the younger of two children and has one brother who is 3 years older. Since the age of 15 Louise has spent time in residential care and has occasionally resided with her older brother for short periods of time. Her stepfather has a chronic health condition which requires much of his wife’s care. Louise has never had any contact with her biological father.

Louise reports that her childhood home was a happy one, but she was often very unhappy at school. She attended a mainstream school; however, she did attend a specialist education program, and has been assessed as having an IQ of 68, indicating she has a mild intellectual disability. Louise says that at school she felt lonely. She had no friends and was often in fights. She also notes that sometimes the relationships she has with people she lives with in residential care are not happy. People have been aggressive towards her, and Louise reports there are times when she has been aggressive to others. Louise has had to leave several homes because of fighting with other residents or carers.

Louise has a very close relationship with her older brother. She expresses that she likes staying at his house, even though she does not like his girlfriend. Louise believes his girlfriend is the reason she can’t live with her brother on a permanent basis. Louise describes herself as having one close friend, who she met when they lived in the same group house. This friend lives a considerable distance away, and as Louise has limited access to transport (she cannot drive and has limited funds for public transport) she rarely sees this friend. This is something Louise expresses frustration about.

Louise has held several part-time jobs, which she has attained through supported employment agencies. On more than one occasion Louise has had disagreements at work with co-workers and supervisors. Louise reports that this is usually the result of people being mean to her, and she feels very angry when people try to tell her what to do. These disagreements have resulted in Louise losing her job on three occasions.

Louise has been prescribed anti-depressant medication since the age of 19 years. She takes no other medications, and she uses no illicit substances, but she does drink alcohol. Her use of alcohol has been problematic in the past and has been implicated in her disagreements at several homes. Louise has a history of contact with mental health services. The previous and current psychological reports note that Louise has difficulty in managing her anger and has a diagnosis of depressive disorder. Louise has a history of self-harm.

Forensic History

Louise has a forensic history. This is summarized as follows:

• Although not officially recorded, Louise was disciplined for fighting at school, and on two occasions police were called.

• Louise has been charged with drunk and disorderly behaviour when she was 27 years of age.

Current Charges

Louise has been charged with making bomb threats. The victim is her former employer, who owns a printing business. Louise left her employment there three months previously because of her disruptive behaviour. On several occasions prior to leaving this employment, Louise had had disagreements with co-workers, and on one occasion she shoved another employee. This resulted in her being asked to leave the premises and losing her employment, although police were not called at the time. On several occasions after this incident, the victim had received abusive phone calls from an unknown number both at his place of business and on his mobile phone. The victim had suspected Louise was responsible for these calls but believed that she was calling when she had been drinking and had not taken them seriously. For the incident related to the current charge it is alleged that Louise had called the employer’s mobile number late at night and threatened to explode a bomb at the printing business unless the owner gave her money. The police were called by the victim who recognised Louise’s voice on the telephone. The victim said it sounded like Louise was intoxicated at the time of the calls. Louise denies it was her who made the calls, but her mobile phone shows records of calls made to the victim at the time of the offence

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