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Hot Topics 55: Sentencing (2005)

Criminal Justice System

Sentencing Terminology

The Purposes of Sentencing

Adequate punishment – deterrence – protection of the community – rehabilitation – accountability – denunciation – recognition of harm done.

Sentencing Options

Custodial penalties – non-custodial penalties – other ways of dealing with offenders.

How is a Penalty Determined?

Maximum penalty – standard non-parole periods – guideline judgments – established sentencing ranges and sentencing practice – Sentencing Information System.

Imposing a Sentence

Aggravating factors – mitigating factors – sentencing discounts for guilty pleas – reasons for the sentence – victim impact statements.

Offenders with a Mental Illness

Fitness to be tried – the defence of mental illness – sentencing and mental illness.

Sentencing Aboriginal Offenders

Appeals

Appeals against conviction – appeals against severity of sentence – Crown appeals.

Contacts and further reading

AUTHORS: Jason Keane, Criminal Law Review Division, NSW Attorney-General’s Department. This issue is based on Hot Topics 28: Sentencing, written by Honor Figgis.

EDITOR: Cathy Hammer

DESIGN: Bodoni Studio

PHOTOS: Fairfax Photo Library: main cover image, pp 6, 11, 12 & 25; AAP pp 2, 20, & 26.

ACKNOWLEDGEMENTS: The publisher would like to thank the NSW Attorney-General’s Department for their assistance with this Hot Topics issue.

State Library of NSW

Cataloguing-in-publication data

1. Sentences (Criminal procedure) – New South Wales.

I. Keane, Jason. II. Hammer, Cathy. III. Legal Information Access Centre. (Series: Hot topics (Sydney, N.S.W.) ; no. 55)

345.9440772

Hot Topics, ISSN 1322-4301, No. 55

© Library Council of New South Wales 2005. All rights reserved. Copyright in Hot Topics is owned by the Library Council of New South Wales (the governing body of the State Library of New South Wales). Apart from any use permitted by the Copyright Act (including fair dealing for research or study) this publication may not be reproduced without written permission from the Legal Information Access Centre.

Hot Topics is intended as an introductory guide only and should not be interpreted as legal advice. Whilst the Legal Information Access Centre attempts to provide up-to-date and accurate information, it makes no warranty or representation about the accuracy or currency of the information it provides and excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this information. If you are looking for more information on an area of the law, the Legal Information Access Centre can help – see back cover for contact details. If you want legal advice, you will need to consult a lawyer.