NCJ Number
215578
Journal
Judicial Officers' Bulletin Volume: 18 Issue: 6 Dated: July 2006 Pages: 41-45
Date Published
July 2006
Length
5 pages
Annotation
This paper outlines the purposes of sentencing and the sentencing considerations for environmental offenses in New South Wales.
Abstract
Well accepted principles of sentencing operate as checks on the sentence. These include the principle of consistency or even-handedness (to check the sentence is within the range appropriate to the gravity of the particular offense and to the subjective circumstances of the particular offender), the totality principle (to check that sentences for multiple offenses are just and equitable and reflect the total criminality before the court) and the parity principle (to check consistency in the sentences given to co-offenders). Sentencing is an important part of the criminal justice system. Determining appropriate punishment for criminal conduct is a difficult but essential task. The task is discretionary, but the discretion is structured. Sentencing must reflect the objective gravity or seriousness of the offense and the personal or subjective circumstances of the offender. In addition, the appropriate sentence must be checked against the principles of consistency, totality, and parity. Sentencing for environmental offenses, as for any offense, requires careful consideration of the purposes of sentencing. The courts have a critical role in ensuring compliance with environmental law, good governance, and sustainable development. This paper examines the purposes of sentencing and sentencing considerations specific to environmental offenses and the objective gravity of the environmental offense and subjective circumstance of the offender. 62 notes