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NCJRS Abstract

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NCJ Number: 99611 Find in a Library
Title: Law of Homicide in Victoria - The Sentence for Murder
Corporate Author: Victorian Law Reform Cmssn
Date Published: 1984
Page Count: 32
Sponsoring Agency: Victorian Law Reform Cmssn
Melbourne Victoria 3000, Australia
Format: Document
Language: English
Country: Australia
Annotation: This report presents proposals for reforming the mandatory life sentence imposed as the penalty for murder by Victoria (Australia) law in 1975 when capital punishment was abolished.
Abstract: Arguments for and against retention of the mandatory life sentence are reviewed. This section notes that the law has been subjected to sustained criticism, and other jurisdictions have enacted changes to permit judges some discretion. A principal argument for reform is that murders vary in seriousness and thus should be treated differently. Three options for reform are discussed: a determinate maximum term, a maximum sentence of life imprisonment, and retaining the mandatory sentence but empowering the judge to set a minimum term. The report also considers options available for offenders now serving mandatory sentences. It recommends that the current law be amended to provide a maximum penalty of life imprisonment for persons convicted of murder. The usual power to set a minimum nonparole period should also apply to all sentences imposed for murder. Additional recommendations and approximately 40 references are provided.
Index Term(s): Australia; Homicide; Law reform; Life sentences; Safes; Sentencing reform
Note: Report No. 1
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