NCJ Number
53520
Journal
Journal of Drug Issues Volume: 7 Issue: 4 Dated: (FALL 1977) Pages: 339-363
Date Published
1977
Length
26 pages
Annotation
AN OVERVIEW OF DRUG OFFENDER SENTENCING IN AUSTRALIA IS PRESENTED, WITH EMPHASIS ON THE ACTIVITIES OF THE COURTS IN NEW SOUTH WALES, WHERE APPROXIMATELY ONE-HALF OF ALL DRUG OFFENSES IN AUSTRALIA TAKE PLACE.
Abstract
A BRIEF OUTLINE OF AUSTRALIA'S CRIMINAL COURT SYSTEM AND DRUG LAWS IS PRESENTED, AND THE RANGE OF PENALTIES PRESCRIBED BY THE LAWS IS DISCUSSED. THE NATURE OF THE AUSTRALIAN 'DRUG SCENE' IS DESCRIBED BRIEFLY, WITH SPECIAL REFERENCE TO THE CONCENTRATION OF DRUG TRAFFICKING AND ILLICIT MANUFACTURING IN THE CITY OF SYDNEY. THE RAPID GROWTH IN THE NUMBER OF DRUG OFFENSES IN AUSTRALIA IS NOTED. ASPECTS OF DRUG OFFENDER SENTENCING IN NEW SOUTH WALES ARE DISCUSSED, AND STATISTICS ON DRUG OFFENSES IN THAT STATE FROM 1959 THROUGH 1976 ARE PRESENTED. EFFORTS TO EDUCATE JUDGES TO THE PROBLEMS OF DRUG ABUSE ARE DESCRIBED, AS IS THE CONTROVERSY OVER THE DANGEROUSNESS OF CANNABIS. STATISTICS ON THE SENTENCING OF DRUG DEALERS AND TRAFFICKERS IN NEW SOUTH WALES ARE PRESENTED AND DISCUSSED. CASES ILLUSTRATING THE PROFITS THAT CAN BE MADE IN ILLICIT DRUG TRAFFICKING ARE CITED. TRENDS IN THE SENTENCING OF OFFENDERS FOR USING OR POSSESSING SMALL QUANTITIES OF DRUGS ARE NOTED. THE DEVELOPMENT OF COMMUNITY COUNSELING AND PROBATION SERVICES FOR DRUG ABUSERS IN AUSTRALIA IS DISCUSSED, WITH REFERENCE TO CASE STUDIES ILLUSTRATING THE SUCCESSFUL APPLICATION OF SUCH SERVICES. THE DISCUSSION ALSO TOUCHES ON THE SENTENCING OF DRUG ADDICTS FOR OTHER CRIMES, GENERAL PRINCIPLS OF SENTENCING, AND THE NEW SOUTH WALES CRIMINAL APPELLATE COURT'S BAN ON IMPOSITION ON LENGTHENING OF PRISON SENTENCES FOR THERAPEUTIC PURPOSES. THE ROLE OF THE SENTENCING JUDGE, THE PSYCHIATRIC AND SOCIOLOGICAL ASSESSMENT OF DRUG OFFENDERS, METHADONE MAINTENANCE IN NEW SOUTH WALES, ALTERNATIVES TO PRISON SENTENCES FOR DRUG-ADDICTED OFFENDERS, DRUG ROBBERIES, AND DRUG SENTENCING TRENDS IN NEW SOUTH WALES AND OTHER AUSTRALIAN STATES ARE ALSO DISCUSSED. THROUGHOUT THE DISCUSSION, OBSERVATIONS STEMMING FROM THE AUTHOR'S EXPERIENCE AS JUDGE OF THE DISTRICT COURT OF NEW SOUTH WALES ARE OFFERED. IT IS CONCLUDED THAT, ALTHOUGH THERE APPEARS TO BE NO CALL FOR CHANGES IN SENTENCING PRACTICES WITH REGARD TO DRUG-INVOLVED OFFENDERS WHO COMMIT OTHER CRIMES, THERE DOES SEEM TO BE A MOVEMENT TOWARD LESS SEVERE SANCTIONS FOR DRUG USE AND MORE SEVERE PENALTIES FOR DRUG TRAFFICKING. CRIMINAL SENTENCING IS ONLY A SMALL PART OF THE TOTAL DRUG CONTROL PICTURE AND MUST BE VIEWED IN THE CONTEXT OF COMMUNITY ATTITUDES EXPRESSED IN LAW ENFORCEMENT, TREATMENT, AND EDUCATION. SUPPORTING STATISTICS ARE INCLUDED. (LKM)