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Role of juries in sentencing

Reference received: 25 February 2005


Report 118: Role of juries in sentencing [PDF, 363Kb], August 2007

Tabled in parliament: 17 October 2007

NSW Law Reform Commission Media ReleaseSentencing and juries: Should jurors have a say? (26 July 2006)

​Issue paper

Issue Paper 27: Sentencing and juries [PDF, 275Kb], June 2006


K Warner and J Davis, "Involving Juries in sentencing: insights from the Tasmanian jury study" (2013) 37(4)Criminal Law Journal 246

Terms of reference

That the NSW Law Reform Commission inquire into and report on whether or not a judge in a criminal trial might, following a finding of guilt, and consistent with the final decision remaining with the judge, consult with the jury on aspects of sentencing.

In conducting this inquiry the Commission should have regard to:

  1. the jury decision making process, including the jury's role in determining guilt or innocence of the accused, and the secrecy and protection of jury delibertations;
  2. the judicial sentencing process, and the enhancement of public confidence in the administration of justice.
  3. The Commission may also report on any related matters that arise in the context of its inquiry. ​