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Where am I now? Lawlink > Law Reform Commission > Publications > Discussion Paper 33 (1996) - Sentencing
Discussion Paper 33 (1996) - Sentencing Table of Contents Terms of reference 1. THE COMMISSION’S BRIEF
Aboriginal offenders Young offenders Offenders with an intellectual disability THE COURSE OF THE REFERENCE TO DATE THE PURPOSE OF THIS DISCUSSION PAPER OUTLINE OF THIS DISCUSSION PAPER 2. THE RATIONALISATION AND CONSOLIDATION OF SENTENCING LAW
A matter of community concern? QUESTIONS ARISING IN CHAPTER 2 3. PURPOSES AND PRINCIPLES OF SENTENCING LAW
Between offenders generally Statutory maximum to be imposed for worst class of case Sentence to be passed for crime proved against the accused, and no other QUESTIONS ARISING IN CHAPTER 3 4. THE STRUCTURE OF IMPRISONMENT IN NSW
The ratio of minimum to additional terms Setting the minimum term Methodology “Special circumstances” under the Sentencing Act 1989 The position in other jurisdictions The effect of s 5(2) Proposals for reform MULTIPLE SENTENCES Aggregate sentences? Cumulative sentences
Section 9 of the Sentencing Act 1989 Section 9(1) Cumulative sentences, escape from lawful custody and prison offences Restrictions on imposing cumulative sentences Cumulative sentences and a right to be released on parole Background to the current law Natural life sentences
Section 13A re-determinations of life sentences
Availability of additional terms of life imprisonment Commencement of minimum terms Restrictions upon application for determination of life sentences Indefinite sentences
Indefinite prison sentences in Victoria Arguments in favour of indefinite sentences Arguments against indefinite sentences The Commission’s view
Additional sentences upon second or third convictions The Commission’s view
Arguments against the legislation QUESTIONS ARISING IN CHAPTER 4 5. FACTORS DETERMINING INDIVIDUAL SENTENCES
Youth and vulnerability The sexual experience of victims in the case of sexual offences The wishes of the victim in relation to sentence Prior convictions Good character Age Sex Race Illness and physical disability Mental disorder Intellectual disability Substance abuse RESPONSE TO THE CHARGES Contrition Plea of guilty
Should there be a discretion to refuse a discount? What factors affect the weight of the discount? Should a judge be required to state that a discount has been made? Should the amount of the discount be specified? Co-operation with the police
Co-operation when apprehended Confession to guilt of unknown offences after apprehension
Should the discount be specified? Should there be a power on appeal to receive fresh evidence relating to informing? Delay Jury’s recommendation for mercy FACTORS RELEVANT TO THE EFFECT OF OFFENCE AND SANCTION Hardship to the offender Hardship to others THE RELEVANCE OF ANY SENTENCE IMPOSED ON CO-OFFENDERS METHODOLOGY “Instinctive synthesis” and “two-tier” approaches to sentencing Sentence ranges and tariffs QUESTIONS ARISING IN CHAPTER 5 6. GUIDING JUDICIAL DISCRETION
Sentencing statistics component Facilities component Calculator Bench books and references Evaluation OTHER METHODS FOR REGULATING JUDICIAL DISCRETION Guideline judgments Sentencing councils Statutory minimum penalties Grid sentencing
United States federal guidelines Canadian Sentencing Commission guidelines 7. PAROLE
Empirical studies The Commission’s position THE INSTITUTIONAL STRUCTURE OF PAROLE Offenders Review Board Serious Offenders Review Council
Advice to the Offenders Review Board Offenders subject to the Offenders Review Board
Offenders with sentences three years or less CRITERIA FOR GRANTING PAROLE Generally Release under exceptional circumstances EVALUATION OF PAROLE PROCEDURES Independence of the Offenders Review Board Composition of the Offenders Review Board Procedures of the Offenders Review Board
DECISIONS GIVEN BY THE OFFENDERS REVIEW BOARD Review of the parole decision
Appeal on the merits Administrative review Length of parole supervision QUESTIONS ARISING IN CHAPTER 7 8. PERIODIC DETENTION 9. COMMUNITY BASED SENTENCES
“Front-end” or “back-end”? An alternative to imprisonment? Breach procedure PROBATION Bonds or recognizances Sources of conditional release
Section 558 Crimes Act s 432(2) and 554(2) Common law
Mediation between victims and offenders Family group conferences Specific schemes
The Wagga Wagga juvenile cautioning program South Australia Community Youth Conferences Community Aid Panels Aboriginal communities Circle sentencing in Canada Disadvantages of conferencing QUESTIONS ARISING IN CHAPTER 9 10. MONETARY PENALTIES AND ANCILLARY ORDERS
Disadvantages Model legislation? The Commission’s view Position within traditional aims of sentencing Restitution
Deficiencies Proposals for reform
Minor offences Offender’s ability to pay The rationale of confiscation orders The legislation in New South Wales The civil nature of confiscation The impact of the legislation
Amendment of the legislation 11. VICTIMS
The meaning of VIS The admissibility of VIS at common law
The position in New South Wales Legislation in other Australian jurisdictions
Restrictions on the admissibility of VIS
The definition of “victim” for the purposes of VIS VIS at the victim’ s option Homicide cases
Tendering VIS at sentencing The contents of VIS The role of the court and of the defence in relation to VIS The Commission’s tentative view on victims’ submission on release of offenders QUESIONS ARISING IN CHAPTER 11 |
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