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NCJRS Abstract

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NCJ Number: 72698 Find in a Library
Title: Sentencing Violent Offenders in New South Wales
Author(s): I L Potas
Date Published: 1980
Page Count: 475
Sponsoring Agency: Law Book Co, Ltd
North Ryde, NSW 2113, Australia
Sale Source: Law Book Co, Ltd
44-50 Waterloo Road
North Ryde, NSW 2113,
Language: English
Country: Australia
Annotation: The cases and materials contained in this volume focus on recent sentencing decisions of the New South Wales Court of Criminal Appeals.
Abstract: The majority of the cases are unreported decisions of the court dating from 1973 to 1977. A small number of 1978 decisions are presented in the present work and the material will be updated as the law of sentencing develops. A number of reported decisions, many of which were decided prior to 1973, are also included because of their importance to the sentencing of violent offenders in New South Wales. Because this study emphasizes current sentencing principles, attention is given to the most recent cases in which statements of principles are found. An introductory section reviews the principles of sentencing, sentencing guidelines, the decision to incarcerate, and imprisonment and penal servitude. In addition, important aspects of the Criminal Appeal Act of 1912 and the Parole of Prisoners Act of 1966 are discussed. Most of the book consists of decisions in cases of homicide, such as infanticide, manslaughter, malicious wounding, and assault causing bodily harm; in sexual offenses such as rape; and in various kinds of robbery with violence. A table of cases, 22 data tables, and a bibliography of about 120 references are given. Appendixes contain material on statutory limits for homicide and other violent offenses, a summary of recent homicide sentencing decisions, statutory limits for sexual offenses, a summary of rape sentencing decisions, Crown submission in R. v. Didham and Dennison, and a summary of robbery sentencing decisions. (Author abstract modified).
Index Term(s): Appeal procedures; Australia; Homicide; Judicial decisions; Judicial discretion; Just deserts theory; Robbery; Sentencing guidelines; Sentencing reform; Sex offenses; Violent offenders
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