NCJ Number
78670
Journal
Australian Crime Prevention Council Forum Volume: 4 Issue: 2 Dated: (1981) Pages: 27,29,31,33,35,37,39-41
Date Published
1981
Length
9 pages
Annotation
This article focuses on the radically different ways that State courts in Australia interpret almost identical drug legislation.
Abstract
Three examples are offered to illustrate that marijuana is being imported illegally to Australia on a large scale. Cases which have challenged the severity of sentences for marijuana offenses involve penalties imposed in New South Wales (NSW), Western Australia (WA), and Queensland, where judges and appeal courts have adopted a much more punitive approach towards marijuana offenders than elsewhere in Australia. Cases mentioned include Lawrence and Ors (1980), Tait and Bartley (1970), and Leith (1978). Sentences imposed for the cultivation of cannabis and trafficking in cannabis are analyzed in detail. The article concludes that the 'vicious' punishments used in NSW, WA, and Queensland serve no constructive end. Moreover, the fact that the 'fabric of society' shows no signs of disintegrating in the Australian Capital Territory, South Australia, and Victoria where marijuana offenses are not prosecuted vigorously might suggest that harsh sentences are not needed in other Australian jurisdictions. Footnotes are included.