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Principles of Sentencing

Principles of Sentencing

By Geraldine Mackenzie, Nigel Stobbs and Assisted by Jodie O'Leary


Sentencing in all Australian jurisdictions is now largely governed by legislation which prescribes some basic guidelines and principles. At the same time, the High Court and the State appeal courts have been more active in developing a sentencing jurisprudence, effectively standardising many of the core principles of sentencing law.

However, judges and magistrates retain a wide discretion in almost every case, and lawyers argue many different, often disparate and sometimes inherently complex, factors.

The authors of this book burrow through the maze of developing sentencing law to isolate, explain and critique the principles which operate across and between jurisdictions. They identify the key themes, analyse examples from the different jurisdictions and examine the exercise of judicial discretion both in the scope of factors that may be taken into account and in the choice of sanctions.


Sentencing Procedure
General Principles
Mitigating Factors
The Sentencing of Juvenile Offenders
Non-Custodial and Substitutional Sentencing Options
Sentencing for Specific Offences
Appeals against sentence


Foreword by The Hon Michael Kirby AC CMG


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Published 19 February 2010
Publisher The Federation Press
ISBN 9781862877580
Australian RRP $85.00
International Price $80.00
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Criminology & Policing - Penology & Sentencing
Law - Criminal Law & Procedure

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