Sentencing - Links to relevant materials
GENERAL MATERIALS
Sentencing Bench Book
Statistics
Past reviews
-
Tasmania, Law Reform Institute,
Sentencing, Final Report 11 (2008)
-
Australian Law Reform Commission,
Same Crime, Same Time: Sentencing of Federal Offenders, Report 103 (2006)
-
NSW Law Reform Commission,
Sentencing: Corporate Offenders, Report 102 (2003)
- Victoria -
A Freiberg,
Pathways to Justice: Sentencing Review 2002 (2002)
-
Making Punishments Work: Report of a Review of the Sentencing Framework for England and Wales (2001) ("The Halliday Report")
-
NSW Law Reform Commission,
Sentencing, Report 79 (1996)
-
NSW Law Reform Commission,
Sentencing, DP 33 (1996)
Legislation in other States and Territories
SENTENCING COUNCILS
PURPOSES OF SENTENCING
SENTENCING PROCEDURES GENERALLY
General power to reduce penalties
Aggravating, mitigating and other factors in sentencing
Guilty plea to be taken into account
Power to reduce penalties for facilitating the administration of justice or assisting law enforcement authorities
Other matters the court must take into account
Matters to be disregarded
Child protection provisions
Confiscation of assets and forfeiture of proceeds of crime
Local Court may not impose certain penalties if offender is absent
Victim impact statements
Taking further offences into account
Sentencing guidelines
Correction and adjustment of sentences
Charge negotiation
Effect of failure to comply with Act
CUSTODIAL SENTENCES
Penalties of imprisonment
-
Crimes (Sentencing Procedure) Act 1999
(NSW) s 5
-
Sam Indyk, H Donnelly,
Full-time imprisonment in New South Wales and other jurisdictions: a national and international comparison, Research Monograph 29 (Judicial Commission of NSW, 2007)
-
NSW Sentencing Council, Abolishing Prison Sentences of Six Months or Less, Report (2004)
-
NSW Law Reform Commission,
Sentencing, Report 79 (1996) Chapter 8
(Sentences of Imprisonment)
-
NSW Law Reform Commission,
Sentencing, Report 79 (1996) Chapter 9
(Life sentences)
Setting terms of imprisonment
Parole orders
Court's powers on appeal
Multiple sentences of imprisonment
Aggregate sentences of imprisonment
Standard non parole periods
-
Crimes (Sentencing Procedure) Act 1999
(NSW) s 54A-54D
-
Muldrock v The Queen [2011] HCA 39
-
Judicial Commission of NSW,
Sentencing Benchbook, [7-890]-[7-950]
-
NSW Sentencing Council, Standard Non-Parole Periods for Dangerous Driving Offences, Report (2011)
-
P Poletti, H Donnelly, The impact of the standard non-parole period sentencing scheme on sentencing patterns in New South Wales, Research Monograph 33 (Judicial Commission of NSW, 2010)
-
NSW Sentencing Council, Whether Attempt and Accessorial Offences Should be Included in the Standard Non-Parole Sentencing Scheme, Report (2005)
-
NSW Sentencing Council, Firearms Offences and the Standard Non-Parole Sentencing Scheme, Report (2004)
Concurrent and consecutive sentences
Mandatory life sentences
Compulsory drug treatment detention
Home detention
Intensive correction orders
NON-CUSTODIAL ALTERNATIVES
Community service orders
Good behaviour bonds
Dismissal of charges and conditional discharge of offender
Intervention program orders
Conviction with no other penalty
Deferral of sentencing for rehabilitation, etc
Suspended sentences
-
Crimes (Sentencing Procedure) Act 1999
(NSW) s 12
-
Judicial Commission of NSW,
Sentencing Benchbook, [5-700]-[5-825]
-
NSW Sentencing Council, Suspended Sentences, Consultation Paper (2011)
-
P Poletti, S Vignaendra, Trends in the use of s 12 suspended sentences, Sentencing Trends and Issues No 34 (Judicial Commission of NSW, 2005)
-
NSW Sentencing Council,
Seeking a Guideline Judgment on Suspended Sentences, Interim Report (2006)
FINES
-
Crimes (Sentencing Procedure) Act 1999
(NSW) s 14-17
-
Judicial Commission of NSW, Sentencing Benchbook, [6-100]-[6-170]
-
K McFarlane, P Poletti,
Judicial Perceptions of Fines as a Sentencing Option: A Survey of NSW Magistrates, Monograph 1 (NSW Sentencing Council, 2007)
-
NSW Sentencing Council, The Effectiveness of Fines as a Sentencing Option: Court-imposed fines and penalty notices, Interim Report (2006)
-
NSW Law Reform Commission,
Sentencing, Report 79 (1996) Chapter 3
NON-ASSOCIATION AND PLACE RESTRICTION ORDERS
POST SENTENCE PROCEDURE
COMMON LAW
Prerogative of mercy
Sentencing of co-offenders
Objective and subjective factors at common law
Objective matters
Subjective matters
Parity
Totality
INDIGENOUS PEOPLE AND SENTENCING
-
J Manuell,
The Fernando Principles: the Sentencing Aborignal Offenders in NSW, Discussion Paper (NSW Sentencing Council, 2010)
-
B Beranger, D Weatherburn and S Moffatt,
Reducing Indigenous Contact with the Court System, Bureau Brief Issue Paper 54 (NSW Bureau of Crime Statistics and Research, 2010)
-
J Fitzgerald,
Why are Indigenous imprisonment rates rising? Bureau Brief Issue Paper 41 (NSW Bureau of Crime Statistics and Research, 2009)
-
J Fitzgerald,
Does circle sentencing reduce Aboriginal offending? Crime and Justice Bulletin No 115 (NSW Bureau of Crime Statistics and Research, 2008)
-
L Snowball,
Does a lack of alternatives increase the risk of a prison sentence? Crime and Justice Bulletin No 111 (NSW Bureau of Crime Statistics and Research, 2008)
-
D Weatherburn, L Snowball and B Hunter,
The economic and social factors underpinning Indigenous contact with the justice system: Results from the 2002 NATSISS survey, Crime and Justice Bulletin No 104 (NSW Bureau of Crime Statistics and Research, 2006)
-
Lucy Snowball and Don Weatherburn,
Indigenous over-representation in prison: The role of offender characteristics, Crime and Justice Bulletin No 99 (NSW Bureau of Crime Statistics and Research, 2006)
-
NSW Law Reform Commission,
Sentencing: Aboriginal Offenders, Report 96 (2000)