Criminal Law

Australian Sentencing Principles and Practice

Edited by Richard Edney · Mirko Bagaric
Cambridge University Press August 2007

Specifications

ISBN-13
9780521689298
Publisher
Cambridge University Press
Publication
August 2007
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Australian Sentencing: Principles and Practice explains the rules, principles, policies and practices that underpin the manner in which people are punished for criminal behaviour in Australia. As well as dealing with sentencing law today, the book provides an extensive analysis of the wider policy, moral, and political consideration which shape sentencing law.

It analyses and evaluates existing standards and practices, and suggests how sentencing law should be reformed so that it operates in a fairer, more efficient and effective manner. It is an invaluable text for judicial officers, lawyers, academics and students, and is the only book that examines sentencing law across all Australian jurisdictions.

  • It is the only book that examines sentencing law across all Australian jurisdictions
  • It explains and also evaluates sentencing rules and standards
  • It sets out reform proposals for making sentencing a fairer and more efficient practice

Table of Contents

Contents:
Part A:
1. The nature of sentencing and theories of punishment
2. Plucking figures from the air: the instinctive synthesis
3. The objectives that are attainable through sentencing
4. High Court sentencing jurisprudence
Part B:
5. The principle of proportionality
6. Aggravating factors
7. Mitigating considerations
8. The relevance of a guilty plea to sentence
9. The relevance of prior criminality
10. Aboriginality
Part C:
11. The nature of criminal sanctions
12. Imprisonment
13. Intermediate sanctions
14. Discharges and bonds, fines and disqualifications
Part D:
15. The way forward – strategic sentencing.
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