NCJ Number
109650
Date Published
1987
Length
114 pages
Annotation
Tentative recommendations by the Australian Law Reform Commission pertain to sentencing aims, the creation of fair sentencing procedures, and the establishment of sentencing commissions.
Abstract
There is currently no statutory guidance and little common law in Australia at either State or Federal levels on the goals of sentencing or how they are to be achieved. Judicial officers thus have broad discretion which can produce unjustified disparity in the sentencing of similar offenders convicted for similar offenses. A sentencing system should ensure the choice and application of sentencing goals by all sentencers according to the same standards. It should also include rules which state its goals so as to avoid inconsistency among judicial officers and a sense of injustice among those sentenced. Given the acceptance of these principles, the commission tentatively proposes the enactment of legislation which will state the principal goals for the sentencing of Federal and Australian Capital Territory (ACT) offenders and also procedures to implement them and guide the sentencing process, while preserving judicial discretion. The commission also recommends the establishment of Federal and ACT sentencing commissions to ensure the application of sentencing policy and practice on a continuing basis. Appendixes contain the Minnesota sentencing guidelines grid, a list of statutory powers to obtain information relevant to sentence, prosecution guidelines for address on sentence, sentencing information for New South Wales judges, and sentencing information for Canada. 77-item bibliography.