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NCJRS Abstract

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NCJ Number: 142373 Find in a Library
Journal: Australian and New Zealand Journal of Criminology  Volume:23  Issue:3  Dated:(September 1990)  Pages:145-157
Author(s): C Corns
Date Published: 1990
Page Count: 13
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: Australia
Annotation: In a recent decision, the Victoria, Australia, Criminal Court of Appeal rejected a structured two-stage method of sentencing, preferring instead the traditional "instinctive synthesis" approach.
Abstract: The court held that the two-stage sentencing method was in error and was reluctant to accept the concept of a crime's objective circumstances. The court acknowledged the requirement that a sentence be proportionate to the crime but disagreed with the trial judge's method of arriving at the proportionate sentence. Further, the court implied that an appropriate sentence could sometimes be more than a proportionate sentence. The court's preferred sentencing method involved the traditional "instinctive synthesis" approach that takes into account all relevant aspects of the sentencing process to arrive at an appropriate sentence. Due to concerns over the traditional approach, the author suggests that a more refined sentencing methodology be implemented to ensure an acceptable level of accountability so that both offenders and the community know why a particular sentence was imposed and how it was formulated. A more refined sentencing methodology should also reduce sentencing disparities. 29 notes and 1 table
Main Term(s): Foreign sentencing
Index Term(s): Australia; Foreign courts; Sentencing disparity; Sentencing recommendations
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