NCJ Number
109783
Journal
University of New South Wales Law Journal Volume: 9 Issue: 2 Dated: (1986) Pages: 77-89
Date Published
1986
Length
13 pages
Annotation
The abolition of a mandatory sentence for persons convicted of murder in New South Wales, Australia, has created many difficulties for judges, due to the need to interpret the meaning of the term 'culpability.'
Abstract
Judicial discretion in the sentencing of murders was introduced into New South Wales by a 1982 amendment to s.19 of the Crimes Act 1900 (NSW). Unfortunately, the wording of the amendment attracted differing judicial interpretations from the outset. The Court of Criminal Appeal has only recently resolved the matter in favor of a particular interpretation. However, that interpretation of the provision has created grave difficulties of application in practice. Only further legislative reform can remove these difficulties adequately. The reformulation should require the judge to regard penal servitude for life as the proper sentence for a convicted murder. The judge would also be permitted to depart from imposing that sentence if a review of all the conventional sentencing criteria indicated that a lesser penalty should be imposed. Another way to improve the law would be to set a maximum of 15 years' imprisonment for a fixed sentence. 73 footnotes. (Author abstract modified)