XV Dec. I 2012 (Criminal Sentences)

In accordance with Article IX, Section D, Paragraph B of the Austenasian Constitution of 2011, the punishment of a person found guilty of a crime by an Austenasian court – hereafter referred to as the sentence of the person – is to be decided by the Consuls.

All persons found guilty of a crime by an Austenasian court shall be given a sentence by the Consuls. Any sentence given by the Consuls must comprise of either a fine or an order of exile – an additional secondary punishment may be given if it is relevant to the crime, exempli gratia, forbidding a person found guilty of vandalism by driving a car into a house from driving a motor vehicle for a certain amount of time.

A fine consists of an amount of money which the person found guilty of a crime must pay, either as a lump sum or in periodic instalments. If the Consuls order a fine as a sentence, a sufficient amount of the fine necessary to adequately compensate any victims of the crime for personal or psychiatric injury, damage to property, legal fees, or probable future loss of earnings as a result of the crime shall be given to the victim. Any surplus money from the fine after compensation has been paid shall be given to the Treasury, as shall the entire fine should there be no identifiable victim of the crime. If a person sentenced to pay a fine does not have sufficient assets to do so, property of said person may be confiscated and sold by the Austenasian Police to raise money for them to pay off the fine.

An order of exile consists of an instruction to leave the Empire of Austenasia, and not to return within Austenasian borders for a certain amount of time (the time of exile). In accordance with Paragraphs 1 and 7 of V Dec. I 2011 (Immigration and Border Controls), it is the duty and responsibility of the Home Office and all its workers and employees to ensure that no person undergoing a time of exile be permitted to cross the border into the Empire. Should a person undergoing a time of exile enter the Empire, they shall be removed as soon as possible, and the Home Secretary informed. Should a person undergoing a time of exile frequently enter the Empire, the Consuls shall be permitted, with the consent of the Home Secretary, to increase their time of exile by a time up to one week for each hour the person can be reasonably suspected to have been in the Empire while undergoing a time of exile.

For some crimes, the Consuls shall not be permitted to give a sentence harsher or more lenient than a certain degree. For some crimes, there shall be a minimum fine and time of exile (minimum sentence) – the Consuls shall not order a fine less than a certain amount to be paid, and shall not order a time of exile less than a certain amount to be served. In the same way, for some crimes there shall be maximum fines and times of exile (maximum sentences). The Consuls may give sentences at their absolute discretion where a minimum or maximum sentence does not apply.

In cases of vandalism, environmental damage, fraud, theft, blackmail, bribery or tax evasion, the minimum fine shall be one tenth of the estimated value of what was damaged or illegally gained – the maximum fine shall be double that value. The minimum time of exile shall be one day – the maximum time of exile shall be one month.

It is hereby specified that animal cruelty refers only to members of the Subphylum Vertebrata, not including homo sapiens. In cases of animal cruelty, minimum and maximum sentences shall depend on the clade of animal, the damage resulting from the cruelty, and whether or not the species of said animal is endangered.

1. Cruelty to members of the Infraordo Simiiformes (henceforth referred to as cruelty to higher primates) shall receive harsher sentences than cruelty to other members of the Superclassis Tetrapoda (henceforth referred to as cruelty to tetrapods), which shall receive harsher sentences than other cases of cruelty to animals. Cruelty resulting directly in, or acting as the operative and substantive cause of, the death of the relevant animal (henceforth referred to as cruelty resulting in death) shall recieve harsher sentences than cruelty which does not.

2. The minimum fine for cruelty to animals which are not tetrapods shall be £3 (£5 in cases of cruelty resulting in death) – the maximum fine shall be £40 (£60 in cases of cruelty resulting in death).

3. The minimum fine for cruelty to tetrapods shall be £6 (£8 in cases of cruelty resulting in death) – the maximum fine shall be £70 (£85 in cases of cruelty resulting in death).

4. The minimum fine for cruelty to higher primates shall be £12 (£20 in cases of cruelty resulting in death) – the maximum fine shall be £100 (£130 in cases of cruelty resulting in death).

5. In cases of cruelty resulting in death, or cruelty resulting in an inability of said animal to naturally reproduce, if the animal in question is classified by the International Union for Conservation of Nature as endangered, critically endangered, or extinct in the wild, then the maximum fine shall be 20% above what it would otherwise be.

In cases of drug possession, the minimum fine shall be half of the estimated value of the drugs in question – the maximum fine shall be three times that value. The minimum time of exile shall be three days – the maximum time of exile shall be five months.

In cases of drug taking, the minimum fine shall be one fifth of the estimated value of the average amount of drugs taken by the person found guilty each month – the maximum fine shall be four times that value. The maximum time of exile shall be one month.

In cases of threatening with violence, the minimum time of exile shall be two days – the maximum time of exile shall be six weeks.

In cases of assault, the minimum fine shall be £10 if no injury is caused, and £15 if an injury is caused – the maximum fine shall be £300, and £4000 if an injury is caused. The minimum time of exile shall be four days – the maximum time of exile shall be five years.

In cases of arson or robbery, the minimum fine shall be one fifth of the estimated value of the property damaged or illegally gained – the maximum fine shall be double that value. The minimum time of exile shall be three days – the maximum time of exile shall be four months.

In cases of armed robbery, the minimum fine shall be one quarter of the estimated value of the property illegally gained – the maximum fine shall be three times that value. The minimum time of exile shall be five days – the maximum time of exile shall be six months.

In cases of drug dealing and drug production, the minimum fine shall be two thirds of the estimated value of the average amount of drugs transacted or produced by the person found guilty each six months – the maximum fine shall be five times that value.

In cases of false imprisonment, the minimum fine shall be £1 for each hour the person found guilty confined the victim.

In cases of Regicide, the minimum time of exile shall be 1673 years. [This paragraph has been changed – see LVI Jon. I 2015, Paragraph 10]

In cases of High Treason and murder, the minimum time of exile shall be 40 years. [This paragraph has been changed – see LVI Jon. I 2015, Paragraph 10]

In cases of Treason and manslaughter, the minimum time of exile shall be 20 years. [This paragraph has been changed – see LVI Jon. I 2015, Paragraph 10]

In cases of mutiny, desertion and rebellion, the minimum time of exile shall be 5 years – the maximum time of exile shall be 50 years. [This paragraph has been changed – see LVI Jon. I 2015, Paragraph 10]

Minimum and maximum sentences for attempting or conspiring to commit a crime are the same as for the actual crime. Minimum and maximum times of exile for soliciting a crime are the same as for the actual crime; minimum and maximum fines for soliciting a crime are the same as for the actual crime, with an amount added equal to the value of what was paid or arranged to be paid by the person soliciting the crime.

Although the Consuls may give sentences at their absolute discretion where a minimum or maximum sentence does not apply, it is recommended that in non-extraordinary cases they follow the following guidelines:

1. When deciding on a sentence, precedent should be taken into account; the sentence should be the same as or similar to sentences given in the past to those who have committed the same crime in similar circumstances.

2. A sentence should be made less harsh should there be mitigating factors to the case; exempli gratia, the person found guilty has shown remorse, already made voluntary compensation to the victim, admitted to being guilty at the first possible opportunity during the trial, or there are mitigating factors to the crime itself (such as a crime of assault being a single strike which was verbally provoked, or the imprisoned person having been kept in perfectly comfortable conditions in a crime of false imprisonment). The defences listed in Paragraph 4 of the Third Imperial Decree of HIM Emperor Declan I should also be considered mitigating factors if incompletely applied to the case.

3. A sentence should be made more harsh should there be aggravating factors to the case; exempli gratia, the person found guilty has already committed the same crime in the past, showed considerable cruelty to the victim of the crime (where applicable) while committing it, takes pride in having committed the crime, committed the crime out of prejudice against someone based on a characteristic listed in Article XII, Section D of the Austenasian Constitution of 2011, or there are aggravating factors to the crime itself (such as a crime of assault having caused permanent bodily injury, or a crime of arson having been with a complete disregard to the danger to human life).