Criminal Law

Sentencing in Australia, 4th Edition

Edited by Mirko Bagaric · Richard Edney
Lawbook Co. December 2016

Specifications

ISBN-13
9780455500010
Publisher
Lawbook Co.
Publication
December 2016
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Sentencing in Australia is the most up-to-date explanation available of sentencing law and practice across Australia. Now in its Fourth Edition it has become the preferred book on the subject.

Sentencing matters consume most court of appeal work and this title provides a thorough, coherent and much-needed treatment of this complex subject, which involves a wide range of interacting factors.

The Fourth Edition evaluates the many and diverse developments in sentencing matters over the past year, including High Court and other superior court decisions, and important legislative changes.

The Fourth Edition includes an analysis of significant recent developments in sentencing law, including:

 

  • Major new mandatory penalty provisions;
  • The first guideline judgments in Victoria;
  • Elaboration of the discount for offenders who are of Aboriginal background;
  • Major increase in incarceration numbers in Australia and the court and legislative responses to this; and
  • The addition of more than 100 Court of Appeal cases elaborating on the application of aggravating and mitigating factors.

Also in this edition, the authors continue to examine the empirical evidence regarding the information and dynamics that influence the thinking and decision-making of sentencing judges.

On the basis of its currency, national scope and authoritative content, Sentencing in Australia Fourth Edition is the logical choice in each Australian jurisdiction, for practitioners and law students alike.

Table of Contents

Preface

Table of Cases

Table of Statutes

  1. The sentencing landscape
  2. Punishment and sentencing
  3. Judicial reasoning in sentencing and moves to greater consistency
  4. Procedural and evidential matters of the sentencing hearing
  5. High Court sentencing jurisprudence
  6. The principle of proportionality
  7. The main objectives of sentencing
  8. Aggravating factors
  9. Mitigating considerations
  10. Aboriginality
  11. The nature of criminal sanctions
  12. Imprisonment
  13. Intermediate sanctions
  14. Discharges and bonds, fines and disqualifications
  15. The way forward – strategic sentencing

Index

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