Sentencing in Australia

By: Mirko Bagaric, Richard Edney

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Paperback | 26 November 2014 | Edition Number 2

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Sentencing in Australia 2E provides an updated explanation of sentencing law and practice across Australia. Sentencing matters consume most court of appeal work and this title provides a thorough, coherent and much-needed treatment of this complex subject, which involves a wide range of interacting factors. The Second Edition examines the case law and legislative developments which have arisen since 2013, including several High Court decisions and important legislative changes. Matters covered by the extensive new commentary and discussion include: Barbaro v The Queen [2014], altering the law regarding the nature of prosecution sentencing submission; The impact of the Sentencing Amendment (Baseline Sentences) Act 2014 (Vic); Decisions applying Bugmy v The Queen [2013] and Munda v Western Australia [2013] to the sentencing calculus; Relevance of deprived social background to sentencing; Theoretical and practical rationale for mitigating and aggravating factors; Relevance of harsh prison conditions to sentencing; Role of prior convictions; Importance of no criminal record; Relevance of hardship to the relatives of offenders to sentencing; and Examination of empirical evidence regarding the matters which influence the deliberations and decisions of sentencing judges. In Sentencing in Australia, Mirko Bagaric and Richard Edney examine existing practice and analyse the objectives of sentencing, in the form of incapacitation, deterrence, rehabilitation and proportionality.

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