NCJ Number
72698
Date Published
1980
Length
475 pages
Annotation
The cases and materials contained in this volume focus on recent sentencing decisions of the New South Wales Court of Criminal Appeals.
Abstract
The majority of the cases are unreported decisions of the court dating from 1973 to 1977. A small number of 1978 decisions are presented in the present work and the material will be updated as the law of sentencing develops. A number of reported decisions, many of which were decided prior to 1973, are also included because of their importance to the sentencing of violent offenders in New South Wales. Because this study emphasizes current sentencing principles, attention is given to the most recent cases in which statements of principles are found. An introductory section reviews the principles of sentencing, sentencing guidelines, the decision to incarcerate, and imprisonment and penal servitude. In addition, important aspects of the Criminal Appeal Act of 1912 and the Parole of Prisoners Act of 1966 are discussed. Most of the book consists of decisions in cases of homicide, such as infanticide, manslaughter, malicious wounding, and assault causing bodily harm; in sexual offenses such as rape; and in various kinds of robbery with violence. A table of cases, 22 data tables, and a bibliography of about 120 references are given. Appendixes contain material on statutory limits for homicide and other violent offenses, a summary of recent homicide sentencing decisions, statutory limits for sexual offenses, a summary of rape sentencing decisions, Crown submission in R. v. Didham and Dennison, and a summary of robbery sentencing decisions. (Author abstract modified).