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6 - Sentences

Jeremy Gans
Affiliation:
University of Melbourne
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Summary

Introduction

Chapter 2 (Choices) discussed how every criminal trial is preceded by myriad decisions by lay and legally trained state officials, which can operate to alter the effect of statutory offence provisions. This chapter concerns an equally important decision made after every successful criminal prosecution: the choice about what to do with someone who has been found guilty of an offence. In the Australian criminal justice system, this choice generally involves a judge deciding what punishment may be imposed on the offender and a series of subsequent choices by government officials about how to carry out that punishment. This chapter is concerned with the judge’s ‘sentencing’ decision.

Like the law of criminal procedure, sentencing law (and the even vaster practice and politics of punishment) is an enormous field that would require a lengthy treatise to cover even a single jurisdiction. This chapter’s focus is narrower, examining how courts assess offence seriousness, the upper limit on most Australian sentencing.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

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Lewis, C The Humanitarian Theory of Punishment 1953 6 Res Judicatae 224 Google Scholar
Morris, N Buckle, D The Humanitarian Theory of Punishment: A Reply to CS Lewis 1953 6 Res Judicatae 231 Google Scholar
Lewis, C On Punishment: A Reply 1953 6 Res Judicatae 519 Google Scholar
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Fox, R Freiberg, A Sentencing: State and Federal Law in Victoria Oxford University Press Melbourne 1999
Whitney, K The Seriousness of the Offence: Proportionality in Sentencing Sexual Offenders in Western Australia 1996 3 Murdoch University Electronic Journal of Law 1 Google Scholar
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1982 Murphy, J Brennan, J

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  • Sentences
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.007
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  • Sentences
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.007
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Sentences
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.007
Available formats
×