NCJ Number
114637
Date Published
1988
Length
27 pages
Annotation
This chapter examines the current approach to sentencing in Australian courts and offers the Australian Law Reform Commission's recommendations for improving sentencing consistency.
Abstract
The current process by which sentences are determined in Australia does not promote systematic consistency. Sentencing legislation only sets maximum sanctions for particular offenses. The most significant constraint on the exercise of judicial sentencing discretion is appellate review. The essential attribute of a system that promotes sentencing consistency is the capacity to compare one case with another. This can only be done if adequate reasons for sentencing decisions are given and recorded. The commission recommends that more extensive requirements for the giving and recording of reasons be introduced. Present law does not provide a statement of which facts are relevant to the exercise of judicial sentencing discretion. This chapter presents the commission's list of essential factors that should be considered in the sentencing decision as well as a list of factors irrelevant to sentencing. The chapter also discusses the commission's views on whether any evidentiary rules should be applied to the evidence by which sentencing facts are proved, on the standard of proof that should be required, and on a number of aspects of sentencing procedure. 77 footnotes.