NCJ Number
142373
Journal
Australian and New Zealand Journal of Criminology Volume: 23 Issue: 3 Dated: (September 1990) Pages: 145-157
Date Published
1990
Length
13 pages
Annotation
In a recent decision, the Victoria, Australia, Criminal Court of Appeal rejected a structured two-stage method of sentencing, preferring instead the traditional "instinctive synthesis" approach.
Abstract
The court held that the two-stage sentencing method was in error and was reluctant to accept the concept of a crime's objective circumstances. The court acknowledged the requirement that a sentence be proportionate to the crime but disagreed with the trial judge's method of arriving at the proportionate sentence. Further, the court implied that an appropriate sentence could sometimes be more than a proportionate sentence. The court's preferred sentencing method involved the traditional "instinctive synthesis" approach that takes into account all relevant aspects of the sentencing process to arrive at an appropriate sentence. Due to concerns over the traditional approach, the author suggests that a more refined sentencing methodology be implemented to ensure an acceptable level of accountability so that both offenders and the community know why a particular sentence was imposed and how it was formulated. A more refined sentencing methodology should also reduce sentencing disparities. 29 notes and 1 table