Resources Dec,2001
This paper addresses the debate on Northern Territory mandatory sentencing laws by surveying the regional institutional structures that have emerged in other parts of the world to bind governments to […]
This review of the impact of Western Australia’s three strikes mandatory sentencing laws for repeat home burglars finds that the laws are fundamentally flawed. Based on an analysis of cases […]
This paper will give a ‘criminological perspective’ on mandatory sentencing. It will however largely avoid the issues of the effect of mandatory sentencing provisions on the judicial process and judicial […]
These closing remarks provide a summary of views presented at the Mandatory Sentencing Symposium. While there are no constitutional impediments to state laws implementing mandatory sentencing, the practice may be […]
This paper The current controversy with respect to mandatory minimum sentencing laws takes place within a wider context of a general discussion on sentencing reform. This discussion has generally focused […]
Resources Sep,2007
Australia’s criminal justice system is, for the most part, the model inherited from the British justice system. This model consistently yields high rates of recidivism by Aboriginal and Torres Strait […]
Our legal system was largely inherited from Britain, so it is, therefore based in European-Western cultural and legal traditions. Alongside this, and over many thousands of years, Australian Indigenous communities […]
In their statistical analyses of higher court sentencing in South Australia, Jeffries and Bond found evidence that Indigenous offenders were treated more leniently than non-Indigenous offenders, when they appeared before […]
Important authorities such as Neal v The Queen (1982) and R v Fernando (1992) have established that the Aboriginality of a defendant is a relevant consideration when formulating a sentence. […]
The Nowra Circle Sentencing Court was established in 2002 and has had numerous successes during its operation. This court sits within the traditional court system and has a Magistrate hand […]