NCJ Number
49976
Date Published
1977
Length
277 pages
Annotation
REPORTED AND UNREPORTED SENTENCING DECISIONS IN WESTERN AUSTRALIA BETWEEN 1900 AND 1975 ARE EXAMINED IN AN EFFORT TO DEFINE THE PRINCIPLES OF SENTENCING AS ENUNCIATED BY THE APPELLATE COURTS.
Abstract
THE SENTENCING DECISIONS ARE CONSIDERED IN RELATION TO THEIR STATUTORY FRAMEWORK; A SUBSTANTIAL PORTION OF THE VOLUME IS DEVOTED TO A DISCUSSION OF THE LEGISLATIVE PROVISIONS ON WHICH THE DECISIONS ARE BASED, WITH PARTICULAR ATTENTION TO THE FOLLOWING: AGGRAVATING FACTORS (I.E., CIRCUMSTANCES SURROUNDING THE VICTIM OR THE OFFENSE), MITIGATING FACTORS (I.E., THE ATTITUDE, INTELLIGENCE, SOCIAL CIRCUMSTANCES, HEALTH, AGE, AND HARMLESSNESS OF THE DEFENDANT); IMPRISONMENT AND RELEASE; PROBATION; PRESENTENCE REPORTS AND CONFERENCES; NONCUSTODIAL MEASURES, INCLUDING DISCHARGE, CORPORAL PUNISHMENT, AND FINES; JUVENILE SENTENCING, CHILDREN'S COURTS, AND DECISIONS ON THE CHILD WELFARE ACT; DECISIONS INVOLVING ABORIGINES; AND SPECIAL ISSUES, SUCH AS MENTALLY DISORDERED OFFENDERS AND ALCOHOL AND DRUG ADDICTS. APPENDED MATERIALS INCLUDE AN OUTLINE OF THE PRISON ESTABLISHMENTS AND FACILITIES OF THE WESTERN AUSTRALIA DEPARTMENT OF CORRECTIONS AND A GUIDE TO THE INSTITUTIONAL SERVICES OF THE DEPARTMENT OF COMMUNITY WELFARE. STATUTES AND REGULATIONS ARE DISCUSSED AND INDEXED. TABULAR DATA AND GRAPHS ARE PROVIDED, ALONG WITH AN INDEX. REFERENCES ARE FOOTNOTED. (KBL)