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Date: April 29, 2024 Mon
Time: 9:26 pm
Time: 9:26 pm
Results for sentencing (new south wales)
3 results foundAuthor: McInnis, Lia Title: Trends in the Use of Suspended Sentences in NSW Summary: "Since they were re-introduced to New South Wales in April 2000, the use of suspended prison sentences has tripled in NSW Local Courts and more than doubled in NSW District and Supreme Courts. The aim of the current study was to assess the extent to which suspended sentences have replaced custodial and non-custodial penalties. In Local Courts, the proportional use of full time and periodic custody sanctions decreased after the introduction of suspended sentences but so did the use of Community Service Orders (CSOs). In the Higher (District and Supreme) Criminal Courts, there appears to have been a small reduction in full-time imprisonment and the use of period detention. The introduction of suspended sentences, however, has also resulted in significant reductions in the use of bonds and CSOs." Details: Sydney: NSW Bureau of Crime Statistics and Research, 2010. 4p. Source: Internet Resource; Crime and Justice Statistics Bureau Brief, Issue Paper No. 47 Year: 2010 Country: Australia URL: Shelf Number: 119366 Keywords: Alternatives to ImprisonmentCourtsProbationSentencing (New South Wales)Suspended Sentences |
Author: Poletti, Patrizia Title: The Impact of Standard Non-Parole Period Sentencing Scheme on Sentencing Patterns in New South Wales Summary: This study investigates whether, since the introduction of standard non-parole periods in February 2003, the use of full-time imprisonment has increased, the lengths of non-parole periods and head sentences have increased, and greater consistency in sentencing has been achieved. The study also examines appeal results for standard non-parole period offences. The findings of this study confirm that the statutory scheme has generally resulted in a greater uniformity of, and consistency in, sentencing outcomes. It also confirms claims that there would be an increase in the severity of penalties imposed and the duration of sentences of full-time imprisonment. Details: Sydney: Judicial Commission of NSW, 2010. 76p. Source: Internet Resource; Monograph 33 Year: 2010 Country: Australia URL: Shelf Number: 119471 Keywords: Criminal Justice, Administration of (New South WalImprisonmentPrison SentencesSentencing (New South Wales) |
Author: Brignell, Georgia Title: Sentencing in NSW: A cross-jurisdictional comparison of full-time imprisonment Summary: It is common for participants in debates about sentencing in NSW (and elsewhere) to assert that sentencing by the courts is either too lenient or too harsh. Severity and leniency are, however, relative concepts. This study examines how sentences of imprisonment imposed in NSW for offences dealt with on indictment compare with interstate jurisdictions. The sentences imposed in jurisdictions such as Queensland and Victoria serve as a yardstick against which sentences in NSW can be judged. The study also compares NSW prison statistics against interstate and international (common law) jurisdictions. The analysis shows that, comparatively speaking, NSW is one of the harshest jurisdictions in Australia. Sentencing is an area of law largely regulated by State and Territory governments. The respective Parliaments of each jurisdiction define the ingredients of offences and set maximum penalties. Sentencing law is the same across Australian jurisdictions in two important respects: first, in determining a sentence the court must apply the principle of proportionality - the sentence imposed should neither exceed nor be less than the gravity of the crime having regard to the objective circumstances; and secondly, full-time imprisonment is a sanction of last resort - a court must not sentence an offender to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate. The study overcomes differences between jurisdictions by carefully aligning offences and further coding sentencing data. The analysis also takes into account custodial options which require an offender to serve part of his or her sentence in a prison, such as partially suspended sentences. The latter sentencing option is available in Queensland and until very recently in Victoria. The head sentence (that is, the non-parole period and parole period of a term of imprisonment) imposed for the principal offence has been used for the purposes of comparing the length of sentences in each jurisdiction. The sentence for the principal offence does not, however, reflect how long an offender actually spends in prison in cases where more than one offence has been committed. Nevertheless, it is the best measure of sentencing levels for a given offence. The study focuses on serious cases dealt with on indictment in NSW, Queensland and Victoria. Five categories of offence are examined: sexual assault, child sexual assault, dangerous/culpable driving causing death, robbery, and break and enter/burglary. Statutory maximum penalties, full-time imprisonment rates and median head sentences are reported for these five categories of offence. The study also compares the imprisonment rate per 100,000 in the adult population in NSW with a number of Australian and international jurisdictions. Details: Sydney: Judicial Commission of NSW, 2015. 82p. Source: Internet Resource: Research monograph 39: Accessed April 15, 2015 at: http://www.judcom.nsw.gov.au/publications/research-monographs-1/research-monograph-39/Monograph_39_complete.pdf Year: 2015 Country: Australia URL: http://www.judcom.nsw.gov.au/publications/research-monographs-1/research-monograph-39/Monograph_39_complete.pdf Shelf Number: 135214 Keywords: Determinate SentencesImprisonmentSentencing (New South Wales) |