‘Structuring’ judicial sentencing discretion : consistency, guidance or pandering to the punitive?

Stobbs, Nigel, Kleinau, Lisa, & Kolstad, Shelley (2014) ‘Structuring’ judicial sentencing discretion : consistency, guidance or pandering to the punitive? Alternative Law Journal, 39(2), pp. 156-158.

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Abstract

Until quite recently, most Australian jurisdictions gave statutory force to the principle of imprisonment as a sanction of last resort, reflecting its status as the most punitive sentencing option open to the court.1 That principle gave primary discretion as to whether incarceration was the most appropriate means of achieving the purpose of a sentence to the sentencing court, which received all of the information relevant to the offence, the offender and any victim(s). The disestablishment of this principle is symptomatic of an increasing erosion of judicial discretion with respect to sentencing, which appears to be resulting in some extremely punitive consequences.

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ID Code: 76087
Item Type: Journal Article
Refereed: Yes
Keywords: mandatory sentences, Queensland
ISSN: 1037-969X
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200) > Courts and Sentencing (160203)
Divisions: Current > Research Centres > Crime & Justice Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2014 Legal Service Bulletin Co-operative Ltd
Deposited On: 09 Sep 2014 22:54
Last Modified: 13 Sep 2014 06:41

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