Criminal Law

Sentencing in Australia

Edited by Mirko Bagaric · Richard Edney
Lawbook Co. November 2013

Specifications

ISBN-13
9780455232409
Publisher
Lawbook Co.
Publication
November 2013
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

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.

Table of Contents

  1. The sentencing landscape
  2. Punishment and sentencing
  3. Judicial reasoning in sentencing and moves to greater consistency: statistics, guideline  judgments and standard penalties
  4. Procedural and evidential matters of the sentencing hearing
  5. The principle of proportionality
  6. The main objectives of sentencing: Deterrence, community protection and rehabilitation and how they impact on sentencing outcomes
  7. Aggravating factors
  8. Mitigating considerations
  9. Aboriginality
  10. The nature of criminal sanctions
  11. Imprisonment
  12. Intermediate sanctions
  13. Reform proposals- the future of sentencing 
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