NCJ Number
62963
Date Published
1979
Length
43 pages
Annotation
THE COURT STRUCTURES IN AUSTRALIA WHICH IMPOSE SENTENCES ON OFFENDERS AGAINST COMMONWEALTH AND TERRITORY LAW ARE EXAMINED IN CONJUNCTION WITH THE LAW REFORM COMMISSION'S SENTENCING REFERENCE.
Abstract
THE EXISTING FRAMEWORK WHEREIN THE MAJORITY OF FEDERAL OFFENDERS ARE PROCESSED BY STATE JUDICIAL MECHANISMS IN AUSTRALIA IS EVALUATED AND CONTRASTED WITH THE POSITION OF TERRITORY OFFENDERS WHO COME WITHIN A FEDERALLY CONTROLLED SYSTEM. SEVERAL METHODS OF ACHIEVING GREATER UNIFORMITY IN THE IMPOSITION OF SENTENCES ARE SUGGESTED THAT ALTER THE WAY IN WHICH FEDERAL JURISDICTION IS EXERCISED. FOR EXAMPLE, IT IS PROPOSED THAT THE COMMONWEALTH UTILIZE ITS CONSTITUTIONAL POWER TO ESTABLISH AN APPEAL SYSTEM WHICH WOULD DEAL WITH APPEALS AGAINST SENTENCE BY ALL FEDERAL OFFENDERS, WHETHER SENTENCED IN STATE OR TERRITORY COURTS. THE APPEAL COURT ROLE WOULD BE TO CORRECT MISTAKES BY LOWER COURTS--BOTH MISTAKES OF PRINCIPLE AND MISTAKES IN THE SENTENCE ACTUALLY IMPOSED. TO ENSURE THAT ALL APPROPRIATE CASES COME BEFORE THE COURT, LEGAL AID SHOULD BE MADE READILY AVAILABLE. AS A BODY OF LEARNING ON SENTENCING IS THUS ESTABLISHED, PRESENT DIFFICULTIES OF LACK OF UNIFORMITY AND INCONSISTENCY OF TREATMENT WOULD BE MINIMIZED. WITH RESPECT TO THE LAW REFORM COMMISSION'S SENTENCING REFERENCE, A COPY OF THE TERMS OF REFERENCE IS GIVEN, AS WELL AS FOOTNOTES AND TABLES AND AN APPENDIX LISTING APPEALS AGAINST SENTENCES OF THE HIGH COURT OF AUSTRALIA, 1974-1978. (MJW)