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Sentencing in Australia

Sentencing in Australia

Author: Mirko Bagaric; Richard Edney
Publisher: Lawbook Co.
ISBN: 9780455232409
Published In: November 2013
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents

Details

Sentencing in Australia provides an up-to-date explanation of sentencing law and practice in all nine Australian jurisdictions.

Sentencing is the area of law which consumes most court of appeal work and this title satisfies the need for a thorough and coherent treatment of this complex subject, which involves a wide range of complex and interacting factors.

In this new work, lawyer and academic Mirko Bagaric and barrister Richard Edney consider the law across Australia. They examine existing practice and provide extensive analysis of the objectives of sentencing, in the form of incapacitation, deterrence, rehabilitation and proportionality.

The work systematically and comprehensively covers key mitigating and aggravating factors and the considerations which strongly influence sentencing determinations.

Key features include commentary on recent developments in the areas of:

the totality principle;
incapacitation;
prior convictions;
the parity principle;
harsh prison conditions;
sentencing ranges; and
indigenous offenders.

Sentencing in Australia offers practitioners a practical overview of the sentencing law and the plethora of considerations coming to bear in a given situation. It provides the perfect solution for students requiring a ready and effective explanation of this difficult field.

Sentencing in Australia is the logical choice for guidance on sentencing in each state and across the country. It is destined to become the preferred text on the subject.

The sentencing landscape
Punishment and sentencing
Judicial reasoning in sentencing and moves to greater consistency: statistics, guideline judgments and standard penalties
Procedural and evidential matters of the sentencing hearing
The principle of proportionality
The main objectives of sentencing: Deterrence, community protection and rehabilitation and how they impact on sentencing outcomes
Aggravating factors
Mitigating considerations
Aboriginality
The nature of criminal sanctions
Imprisonment
Intermediate sanctions
Reform proposals- the future of sentencing