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Where am I now? Lawlink > Law Reform Commission > Publications > Index

Discussion Paper 33 (1996) - Sentencing

Index

History of this Reference (Digest)

    Aboriginal offenders
      community involvement in sentencing
    9.88
      special considerations relevant to sentencing of
    1.14,5.50-5.53
    Additional sentences
      Commission's view of
    4.118-4.119
      meaning and availability of
    4.109-4.117
    Additional term of imprisonment
      determination where cumulative sentences
    4.50-4.64
      generally
    4.15-4.41
      life sentence unavailable as
    4.87-4.89
      method of determination
    4.20-4.23
      ratio to minimum term
    4.18
      ratio to minimum term in other jurisdictions
    4.31-4.32
      requirement for
    4.15
      special circumstances exception to ratio to minimum term
    4.244.33,4.40-4.41
    Age
      factor in sentencing
    5.33,5.43-5.45
    Aggravating factors
      common law and statute
    5.3
      degree of participation
    5.19-5.20,5.23-5.24
      substance abuse
    5.62
      use of weapon
    5.22
      vulnerability
    5.33
      youth
    5.33
    Aggregate sentences
      proposal for introduction of
    4.42-4.45
    Alcohol
      factor in sentencing
    5.61-5.65
    Appeals in sentencing cases
    6.4-6.9
    Attorney General's Sentencing Review
    1.1,1.22
    Bonds
      conditions attaching to
    9.39-9.40, 9.55-9.56
      definition of
    9.37, 9.53
      legal basis of
    9.41-9.44
      time limits of
    9.54
    Breach of trust
      general factor in sentencing
    5.25-5.28
      guideline judgment on
    5.28
      police officers
    5.27
      sexual offences
    5.26
      solicitors
    5.27
    Children see Young offenders
    Circle sentencing in Canada see Conferencing
    Community
      values and the criminal justice system
    2.25-2.27
      view of sentences
    2.29-2.30
    Community Aid Panels see Conferencing
    Community-based sanctions see also Community Service Orders, Conferencing, Home detention, Probation
      difficulties with
    9.4-9.8,9.93
      hierarchy of
    9.10
      notion and types of
    9.1-9.3
      sanctions in their own right
    9.9, 9.28-9.30
    Community Protection Act see Preventive detention
    Community Service Orders
      availability of
    9.25-9.27
      breach of
    9.31-9.33
      description of
    9.25,9.27
      substitute for imprisonment
    9.28-9.30
    Community Youth Conferences see Conferencing
    Compensation see also Reparation
      current statutory provisions governing
    10.34
      general factor in sentencing
    5.86-5.92
      major offences and
    10.35-10.38
      minor offences and
    10.29-10.41
      relevance of offender's ability to pay to
    10.42-10.44
    Concurrent sentences
      generally
    4.46
      presumption in favour of
    4.47,4.49
    Conduct of defence
      factor in sentencing
    5.105-5.107
    Conferencing
      Aboriginal community and
    9.88
      advantages of
    9.92
      availability of
    9.65
      Canadian circle sentencing
    9.89-9.91
      Community Aid Panels
    9.85-9.87
      Community Youth Conferences
    9.84
      description of
    9.3,9.65-9.68
      disadvantages of
    9.93
      family group conferencing
    9.71-9.72
      mediation model
    9.69-9.70
      New Zealand model
    9.73-9.77
      purpose of
    9.66-9.67
      South Australian model
    9.83
      Wagga Wagga model
    9.78-9.82
    Confiscation orders
      civil nature of
    10.51
      current statutory provisions governing
    10.45,10.48-10.50
      potentially harsh effects of
    10.52
      rationale of
    10.46-10.47
      relationship to sentencing
    10.1,10.54-10.55
      reform of
    10.56-10.57
    Consequences of offence
      general factor in sentencing
    5.29-5.37
      unforeseeable consequences
    5.32
    Consistency see also Grid sentencing, Guideline judgments, Judicial education, Sentencing councils, Sentencing information system
      between offenders generally
    3.39
      co-offenders and
    3.38
      methods of securing
    chapter 6
    Contrition
      factor in sentencing
    5.66
    Co-offenders
      principle of parity
    3.38
      sentence imposed on as factor in sentencing
    5.115
    Co-operation with the police
      confession to unknown offences
    5.97
      general factor in sentencing
    5.93-5.97
      on apprehension
    5.96
      voluntary surrender
    5.95
    Corporate offenders
      special considerations relevant to sentencing of
    1.14
    Cumulative sentences
      effect on minimum and additional terms
    4.50-4.64
      effect on parole
    4.62-4.64
      generally
    4.46
      practical effect of
    4.47
      presumption against
    4.47
      presumption in favour of
    4.48
      restrictions on imposition of
    4.58-4.61
    Degree of involvement see also Premeditation
      factor in sentencing
    5.19-5.24
    Delay
      factor in sentencing
    5.108-5.109
    Denunciation
      justification for
    3.10
      meaning and effect of
    3.9
      where relevant
    3.11-3.13
    Deterrence see also General deterrence, Specific deterrence
      cases in which important
    3.22
      criticisms of
    3.8
      meaning and effect of
    3.6-3.7
    Discretion
      fundamental feature of sentencing
    2.8
    Disparity see also Consistency, Parity
      co-offenders and
    3.38
      community concern
    2.25-2.30
      evidence for
    2.17
      generally
    2.13-2.21,3.39-3.40
      Labor policy on
    1.7
      statutory maximum penalties and
    2.20-2.21
    Drugs
      life sentence for commercial dealing in drugs
    4.68
      factor in sentencing
    5.61-5.65
      mandatory life sentence for commercial drug dealing
    4.70,4.74-4.77
    Early release from imprisonment see also Parole
      exceptional circumstances and
    7.45-7.46
    Felonies
    4.127-4.128,4.130
    Female offenders
      special considerations relevant to sentencing of
    1.14
    Fine see also Infringement notices
      advantages of as a sanction
    10.2
      day fine system
    10.6-10.7
      default sanctions
    10.8-10.11
      imprisonment as a sanction for default
    10.12-10.18
      incidence of
    10.2
      lack of equity in
    10.4-10.5
      Labor policy on default
    1.7
    Fixed terms of imprisonment
      where required
    4.16-4.17
    Forfeiture see Confiscation orders
    General deterrence see also Deterrence, Specific deterrence
      omission in federal legislation
    2.9
    Good character
      factor in sentencing
    5.41-5.42
    Grid sentencing
      Canadian system
    6.65-6.66
      Minnesota system
    6.53-6.59
      notion of
    6.51-6.52
      US federal guidelines
    6.60-6.64
    Guideline judgments
    6.36-6.41
    Guilty plea
      bare plea as mitigation
    5.68-5.72
      discretion to refuse discount for
    5.73-5.74
      factors affecting weight of discount for
    5.75-5.80
      general factor in sentencing
    5.67-5.68
      judicial identification of discount and its amount
    5.81-5.85
    Habitual criminals legislation see Additional sentences
    Hard labour
    4.129
    Hardship
      factor in sentencing
    5.111-5.114
    Home detention
      availability of
    9.19
      back-end
    9.16,9.23-9.24
      breach procedures
    9.21-9.22
      description of
    9.11-9.13,9.20
      front-end
    9.16-9.17,9.23
      inapplicability of
    9.15
      incidence of
    9.16,9.18-9.19
      purposes of
    9.14
    Horrific crime
      Labor policy on
    1.6
    Illness
      factor in sentencing
    5.54
    Imprisonment see also Additional terms of imprisonment, Fixed terms of imprisonment, Minimum terms of imprisonment
      explanation for level of imprisonment
    4.3
      impact on of truth in sentencing legislation
    4.34-4.36
      incidence of
    4.1-4.2
      sentences of less than six months
    3.32-3.34
    Imprisonment as a sentence of last resort
      Labor policy on
    1.7
      principle of
    3.26-3.34
      reinforcement of
    3.32-3.34
    Incapacitation see also Protective sentences
      justification for
    3.19
      meaning of
    3.18
      preventive detention and
    3.10
      relationship to proportionality
    3.19
      success of
    3.19
    Indefinite sentences
      arguments against
    4.106
      arguments in favour of
    4.105
      Commission's view of
    4.107-4.108
      meaning and availability of
    4.99
      types of
    4.100
      Victorian model
    4.101-4.104
    Informing
      fixed tariff for
    5.100-5.101
      fresh evidence of on appeal
    5.104
      general factor in sentencing
    5.98-5.104
      judicial identification of discount for
    5.102-5.103
    Infringement notices
      advantages of
    1.20
      disadvantages of
    10.21
      incidence of
    10.2, 10.19
      reform of
    10.22
    Instinctive synthesis
    5.117-5.123
    Intellectual disability see People with an intellectual disability
    Intoxication see Alcohol and drugs
    Judicial education in sentencing
    6.31-6.35
    Judicial Commission of NSW
    6.10,6.32-6.34,6.44-6.45
    Jury's recommendation for mercy
      factor in sentencing
    5.110
    Just deserts
      dominance of theory of
    3.4-3.5
      influence in Australia
    3.5
      meaning and effect of
    3.4
    Leniency
      community concern
    2.25-2.30
      evidence for
    2.24
      fallacy of leniency argument
    2.22-2.23
    Life sentences of imprisonment see also Mandatory life sentences, Statutory minimum sentences, Re-determinations of life sentences
      history of
    4.65-4.67
      Labor policy on
    1.6
      natural life sentences
    4.67-4.69
      unavailability of life sentence as additional term
    4.87-4.89
      when applicable
    4.68-4.69
    Light labour
    4.129
    Mandatory life sentences
      Labor policy on
    1.6
      proposed NSW legislation on
    4.70-4.77
    Media and sentencing
      generally
    2.22,2.26
      view of criminal justice system
    2.27
    Mediation see Conferencing, Victims
    Mental disorder
      factor in sentencing
    5.55-5.59
    Minimum terms of imprisonment
      determination where cumulative sentences
    4.50-4.64
      factors relevant to determination of
    4.19
      generally
    4.15-4.41
      method of determination
    4.20-4.23
      ratio to additional term
    4.18
      ratio to additional term in other jurisdictions
    4.31-4.32
      requirement for
    4.15
      special circumstances exception to ratio to additional term
    4.24-4.33,4.40-4.41
    Misdemeanours
    4.127-4.128,4.130
    Mitigating factors see also Contrition, Co-operation with the police, Guilty pleas, Informing, Reparation
      Aboriginality
    5.50-5.53
      common law and statute
    5.3
      degree of participation
    5.119-5.120
      delay
    5.108-5.109
      good character
    5.41-5.42
      hardship
    5.111-5.114
      illness
    5.54
      provocation
    5.21
      substance abuse
    5.61,5.63-5.64
    Multiple sentences see Aggregate sentences, Concurrent sentences, Cumulative sentences
    Murder
      life as sentence for
    4.68-4.69
      mandatory life sentences and
    4.70-4.73,4.76-4.77
    Net-widening
    9.5-9.6
    Non custodial sanctions see also Community-based sanctions, Fines
      Labor policy on
    1.7
    Offences
      classification for sentencing purposes
    1.19-1.20
      seriousness of
    5.8-5.28
      third phase of this reference
    1.18-1.20
    Offenders Review Board
      composition of
    7.24,7.51-7.57
      decisions of
    7.43,7.64-7.65
      functions of
    7.25
      home detention and
    9.22
      independence of
    7.48-7.50
      name of
    7.26
      review of decisions of
    7.67-7.74
      victim submissions to
    11.63-11.64
    Parity see also Co-offenders
      principle of
    3.38
    Parole see also Offenders Review Board, Serious Offenders Review Council
      burden of proof on entitlement to
    4.14
      criticisms of
    7.9-7.12
      criteria governing grant of
    7.41-7.44
      determination of generally
    7.19,7.23
      determination of where cumulative sentences
    4.62-4.64
      empirical studies of
    7.13-7.14
      history of
    4.7-4.11
      home detention and
    9.24
      judicial determination of
    7.20-7.22
      judicial review of decisions on
    7.67-7.74
      justification for
    7.5-7.8,7.13-7.14,7.15-7.18
      Labor policy on
    1.8
      length of parole supervision
    7.78-7.79
      meaning of
    7.3
      presumption of eligibility in favour of
    4.14
      prisoners with sentences of less than 3 years
    7.3
      procedures governing grant of
    7.32-7.40, 7.58-7.62
      purpose of
    7.4
      reconsideration after refusal of
    7.75-7.77
      victim role in
    7.62,11.65-11.69
    Penal servitude
    4.127-4.128,4.130
    People with an intellectual disability
      special considerations relevant to sentencing of
    1.16,5.60
    Periodic detention
      availability of
    8.2
      cancellation of order of
    8.12-8.13
      description of
    8.1
      element of leniency in
    8.5-8.6
      Labor policy on
    1.7
      non-attendance
    8.8-8.12
      rationale of
    8.3-8.4
      sentences of less than 3 months and
    8.19
      Stage II of
    8.14-8.18
    Plea of guilty see Guilty plea
    Premeditation see also Provocation, Weapons
      factor in sentencing
    5.19-5.22
    Prevalence of offence
      factor in sentencing
    5.13-5.18
    Preventive detention
      arguments against
    4.124-4.126
      arguments in favour of
    4.122-4.123
      Commission's view of
    4.126
      incapacitation and
    3.19
      meaning and availability of
    4.120-4.121
    Previous convictions
      relevance in sentencing
    5.38-5.41
    Probation see also Bonds, Suspended sentences
      conditions attaching to
    9.37-9.44
      definition
    9.34
      incidence of
    9.35
      legal basis of
    9.41-9.44, 9.53
      proposed restructuring of
    9.45-9.51
      purpose of
    9.36
    Proportionality
      factors relevant to
    3.36
      incapacitation and
    3.19
      outer limit of punishment and
    3.35
      principle of
    3.35-3.36
      sufficient punishment and
    3.37
    Protective sentences see also Additional sentences, Indefinite sentences, Preventive detention
      notion of
    4.97
      types of
    4.98
    Provocation
      factor in sentencing
    5.21
    Punishment see also Denunciation, Deterrence, Incapacitation, Rehabilitation, Retribution
      purposes of
    3.2-3.24
    Race see Aboriginal offenders
    Range see also Leniency
      consistency and
    3.40
      existence of sentencing ranges
    2.13,5.124-5.125
    Recognizances see Bonds
    Re-determinations of life sentences
      applicability of s 13A Sentencing Act 1989
    4.78-4.79
      commencement of minimum term of
    4.90
      effect of
    4.80
      legislative factors to be taken into account in
      re-determinations
    4.83-4.86
      principles applicable to
    4.81
      restrictions on availability of re-determinations
    4.92-4.96
    Rehabilitation
      cases in which important
    3.22
      failure of
    3.3
      history of
    3.15,3.23
      meaning and effect of
    3.14,3.16-3.17
    Remissions
      abolition in NSW
    4.13,4.37
      abolition in other jurisdictions
    4.37
      history of
    4.5-4.11
      meaning of
    4.5
      reintroduction of
    4.38-4.39
      types of
    4.5
    Reparation see also Compensation, Restitution
      condition attaching to bonds
    9.55-9.56
      general factor in sentencing
    5.86-5.91
      meaning of
    10.24
      purposes of punishment and
    3.21,10.27-10.30
      relevance to criminal justice
    10.25
      State versus individual reparation
    10.26
    Restitution see also Reparation
      current statutory provisions governing
    10.31-10.33
      general factor in sentencing
    5.86-5.92
    Retribution see also Just deserts
      just deserts as
    3.3-3.5
      meaning of
    3.3
    Rising of the court
    9.2
    Royal prerogative
    4.67,7.1
    Sanction stacking
    9.7
    Sentence
      community views of
    2.29-2.30
      factors relevant to determination of not exhaustive
    2.10
    Sentencing Act 1989 see Additional terms, Minimum terms, Special circumstances under s 5(2) of Sentencing Act 1989, Truth in sentencing legislation
    Sentencing Councils
    6.42-6.45
    Sentencing Information System
      components of
    6.11-6.20
      evaluation of
    6.21-6.30
      generally
    6.10-6.30
    Sentencing law
      Australian reviews of
    1.11
      codification of
    2.1.2.7-2.11
      community values and
    2.25
      consolidation of
    2.2-2.6,5.2-5.3
      politics and
    2.27
      principles of
    3.25-3.44
      relationship between common law and statutory sources of
    2.7-2.11,5.4
    Sentence to be passed only for crime proved against accused
      principle of
    3.43-3.44,5.29
    Serious offenders
    7.28,7.38-7.39
    Serious Offenders Review Council
      composition of
    7.29
      functions of
    7.27,7.30,7.31
      relevance to this reference
    1.10
      victim submissions to
    11.62
    Sex see Women offenders
    Sexual experience
      factor in sentencing in cases of sexual assault
    5.34-5.35
    SORC see Serious Offenders Review Council
    Special circumstances under s 5(2) of Sentencing Act 1989
      incidence of
    4.24
      repeal of
    4.40-4.41
      when established
    4.25-4.30
    Special groups of offenders
      phase two of this reference
    1.13
    Statutory maximum penalties
      applicability to worst category of offence
    3.42
      factor relevant to sentencing
    5.9-5.12
      phase three of this reference
    1.18-1.20
      relationship to this reference
    1.2,1.4
      sentencing disparity and
    2.20-2.21
      principle of totality and
    3.41
    Statutory minimum penalties
    6.46-6.50
    Substance abuse
      factor in sentencing
    5.61-5.65
    Suspended sentences
      abolition of
    9.60
      availability before 1974
    9.58-9.59
      definition of
    9.57
      proposed reintroduction of
    9.61-9.63
    Tariffs see also Range
      absence of in sentencing
    2.13,5.124-5.125
    Totality
      principle of
    3.41
    Truth in sentencing legislation
      background to
    4.5-4.11
      essential provisions of
    4.11-4.17
      impact of
    4.34-4.36
      meaning of
    4.13
    Two-tier approach
    5.117-5.123
    Victim impact statements
      admissibility at common law
    11.20-11.21
      admissibility by statute
    11.22-11.30
      arguments for and against admissibility
    11.33-11.36
      Commission's view of admissibility
    11.31-11.43
      contents of
    11.57-11.58
      court control of admissibility
    11.59
      cross-examination on
    11.60
      definition of victim for purposes of
    11.48-11.49
      extent of admissibility
    11.45-11.60
      general admissibility of
    11.15-11.19
      homicide cases, in
    11.51
      meaning of
    11.14
      preparation of
    11.53-11.54
      tendering of
    11.55-11.56
      types of cases in which admissible
    11.45-11.47
      wishes of victim in relation to
    11.50
    Victims see also Victim impact statements
      charter of victims' rights
    11.7
      conferencing schemes involving
    9.71-9.72
      consultation with
    1.22
      counselling service
    11.9
      Labor policy on
    1.6
      movement to improve consideration for
    11.4-11.5
      needs of
    11.6-11.12
      politics and the victims movement
    2.27-2.28
      rights of
    11.13
      sexual experience of, as factor in sentencing
    5.34-5.35
      role of in the criminal justice system
    11.1-11.3
      victim/offender mediation
    9.69-9.70
      wishes of in relation to sentence
    5.36-5.37
    Victims Advisory Council
    11.8
    Victims of Crime Bureau
    11.11
    Victims Register
    11.10
    Weapons
      use of, as factor affecting sentencing
    5.22
    Women offenders
      relevance of womanhood to sentencing
    5.46-5.49
    Young offenders see also Age
      special considerations relevant to sentencing of
    1.14
Terms of reference | Participants | Submissions | Summary of proposals
Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6
Chapter 7 | Chapter 8 | Chapter 9 | Chapter 10 | Chapter 11
Table of legislation | Table of cases | Select bibliography | Index

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