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NCJ Number: 49977 Find in a Library
Title: OTHER NON-CUSTODIAL MEASURES (FROM SENTENCING IN WESTERN AUSTRALIA, 1977, BY MARY W DAUNTON-FEAR - SEE NCJ-49976)
Author(s): M W DAOUTON-FEAR
Corporate Author: Australian Institute of Criminology
Australia

University of Queensland Press
Australia
Date Published: 1977
Page Count: 34
Sponsoring Agency: Australian Institute of Criminology
Canberra ACT, 2601, Australia
University of Queensland Press
St Lucia, Queensland, Australia
Format: Document
Language: English
Country: Australia
Annotation: THE STATUTORY AND REGULATORY FOUNDATION OF DECISIONS TO APPLY NONCUSTODIAL MEASURES IN SENTENCING OFFENDERS IN WESTERN AUSTRALIA IS EXAMINED. JUDICIAL DECISIONS ARE CITED AND DISCUSSED.
Abstract: WESTERN AUSTRALIAN COURTS DO NOT HAVE A WIDE RANGE OF NONCUSTODIAL OR SEMICUSTODIAL MEASURES FROM WHICH TO CHOOSE IN IMPOSING SENTENCE. THE COURTS ARE NOT EMPOWERED TO ORDER PERIODIC OR WEEKEND DETENTION, COMMUNITY SERVICE ORDERS, OR THE SUSPENDED EXECUTION OF A SENTENCE. WITHIN THE LIMITED RANGE AVAILABLE TO WESTERN AUSTRALIAN JUDGES AND MAGISTRATES, THE FOLLOWING NONCUSTODIAL ALTERNATIVES ARE APPLICABLE: (1) THE BIND-OVER POWER, UNDER WHICH THE SENTENCING AUTHORITY MAY, IN THE ABSENCE OF A FIXED PUNISHMENT, POSTPONE OR SUSPEND IMPOSITION OF SENTENCE UPON A PERSON WHO HAS PLEADED GUILTY, OR HAS BEEN FOUND GUILTY, OR HAS BEEN COMMITTED BY A MAGISTRATE' COURT TO QUARTER SESSIONS FOR SENTENCE; (2) DISCHARGE, THE POWER TO RELEASE OFFENDERS WITHOUT RECOGNIZANCE; (3) CORPORAL PUNISHMENT, AVAILABLE FOR USE AGAINST RECIDIVIST MALES FOR A VARIETY OF SEXUAL OFFENSES, INCLUDING DEFILEMENT OF A GIRL UNDER 16 YEARS, DEFILEMENT OF AN IDIOT, INDECENT DEALINGS WITH A GIRL UNDER 16, RAPE, ATTEMPTED RAPE, OR INDECENT ASSAULT; (4) FINES, WHICH MAY BE IMPOSED IN VARYING AMOUNTS IN PLACE OF OR IN ADDITION TO INCARCERATION; (5) REPARATION IN THE FORM OF COMPENSATION OR RESTITUTION BY THE OFFENDER TO THE VICTIM; AND (6) DISQUALIFICATION FROM DRIVING, APPLICABLE FOR A TRAFFIC OFFENSE INVOLVING THE USE OF A MOTOR VEHICLE. STATUTES, REGULATIONS, AND CASE-LAW FOUNDATIONS FOR THESE NONCUSTODIAL ALTERNATIVES ARE CITED AND DISCUSSED. JUDICIAL DECISIONS ARE FOOTNOTED, ALONG WITH OTHER REFERENCES. TABULAR DATA ARE PROVIDED. (KBL)
Index Term(s): Alternatives to institutionalization; Australia; Corporal punishment; Fines; Restitution; Sentencing/Sanctions; Sex offenders; Suspended sentences; Traffic offenses; Victim compensation
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49977

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