Achieving Consistency and Transparency in Sentencing for Environmental Offences

• NCJ Number: 226118
• Author(s): Brian J. Preston; Hugh Donnelly
• Date Published: June 2008
• Length: 48 pages
• Sale Source: Judicial Cmssn of New South Wales
• Publication Format: Book (Softbound)
• Publication Type: Issue Overview
• Language: English
• Country: Australia
• Note: Judicial Commission of NSW, Monograph 32, June 2008

Annotation

This report examines the development of the Judicial Information Research System (JIRS) sentencing database for statistics on criminal matters dealt with by the Land and Environment Court in New South Wales (NSW).

Abstract

The sentencing database for first instance environmental crime cases in the Land and Environment Court and other courts of NSW will have an influential effect on environmental sentencing both in Australian jurisdictions as well as in other countries. The database is the first to mesh the traditional Judicial Information Research System (JIRS) sentencing database approach with an approach specifically tailored to environmental offenses in NSW. The JIRS Land and Environment Court database (1) provides centralized data on sentences for environmental offenses imposed by the Land and Environment Court and other courts in NSW; (2) reveals the key objective and subjective considerations of the sentencing court in determining the sentence imposed; (3) reveals the different components of the total penalty imposed; (4) covers the elements devoted to matters, such as remediation, removal of economic gains and cost saving, restitution, and the penalties imposed and the reasons for sentence; (5) reveals how the purposes of sentencing are being achieved; and (6) provides a public register of sentences accessible on the Internet and searchable by offense, nature of offender, and objective and subjective characteristics and penalties. Because of these features, the JIRS database of sentences for environmental offenses should assist in improving consistency in sentence, balancing individualized justice and consistency, improving accessibility and transparency of sentencing decisions, indicating a range of sentences, and facilitating appellate review and monitoring. The design of the JIRS Land and Environment Court sentencing statistics draws on the methods used by the Judicial Commission to compile sentencing statistics in the local, district, and supreme courts. Not excluding some drawbacks, the JIRS database is a useful tool in assisting judges in sentencing by reminding them what characteristics need to be considered as well as tools for policy development and legislative reform. Figures, appendix, and index