PRINCIPLES OF SENTENCING VIOLENT OFFENDERS: TOWARDS A MORE STRUCTURED APPROACH (FROM SERIOUS VIOLENT OFFENDERS: SENTENCING, PSYCHIATRY, AND LAW REFORM, 1991, P 97-113, SALLY- ANNE GERULL AND WILLIAM LUCAS, EDS. - SEE NCJ-147734)

• NCJ Number: 147742
• Author(s): I Potas
• Date Published: 1993
• Length: 17 pages
• Sale Source: Criminal Justice Press/Willow Tree Press
• Publication Type: Survey
• Language: English
• Country: Australia

Annotation

The Sentencing Act 1991 of Victoria (Australia) reflects contemporary thinking on the issue of the sentencing of violent offenders.

Abstract

The Act lists several guidelines as the purposes for which sentences may be imposed: to punish the offender in proportion to the circumstances, to deter the offender or other persons, to establish conditions to facilitate the offender's rehabilitation, to denounce a particular type of conduct, or to protect the community. The Act also specifies considerations in respect of which a sentencing court is obliged to have regard, including the maximum penalty prescribed for the offense, current sentencing practice, the offender's degree of responsibility for the offense, the offender's previous character, and any aggravating or mitigating factors. Some authoritative court decisions and philosophical considerations are discussed in detail. The author outlines a more consistent approach to the sentencing of offenders. 5 notes and 20 references