This comprehensive title weaves together the many fragmented threads of sentencing pronouncements and organises them into a series of sentencing principles. Each principle discusses the source of the relevant principle, the rationale behind it, and the issues relating to its application.
Table Of Contents:
PART I General Sentencing Considerations – Fundamental Principles Chapter 1 Duty to “Sentence According to Law” Chapter 2 Constitutional Considerations Chapter 3 Prescribed Punishment Chapter 4 Rule of Statutory Interpretation against Doubtful Penalisation Chapter 5 Maximum Sentences Chapter 6 Sentencing Objectives Chapter 7 Factual Basis for Sentence Chapter 8 Specificity in Sentencing Chapter 9 Punishment for the Offence Charged Chapter 10 Taking Offence into Consideration Chapter 11 Punishment for Offences Arising from the Same Facts Chapter 12 Proportionality in Sentencing Chapter 13 Parity in Sentencing Chapter 14 Sentencing Strict Liability Offences
PART II Specific Sentencing Considerations – Aggravating and Mitigating Factors Chapter 15 Effect of Aggravating and Mitigating Factors Chapter 16 Nature of the Offence Chapter 17 Effects of the Offence Chapter 18 Reason and Motivation for the Offence Chapter 19 Circumstances of the Offence Chapter 20 Offender’s Remorse Chapter 21 Offender’s Character Chapter 22 Offender’s Personal Attributes Chapter 23 Effect of the Conviction and Sentence Chapter 24 Other Considerations
PART III Sentencing Options and Legislative Sanctions Chapter 25 Preliminary Considerations Chapter 26 Fines Chapter 27 Imprisonment Chapter 28 Probation Chapter 29 Sentences “In Lieu of Imprisonment” Chapter 30 Caning Chapter 31 Death Penalty Chapter 32 Other Legislative Sanctions
PART IV Sentencing Decision Chapter 33 Judgment in the Alternative Chapter 34 Delivery of Sentencing Decision Chapter 35 Alteration of Sentencing Decision Chapter 36 Challenging a Sentencing Decision – Appeal Chapter 37 Challenging a Sentencing Decision – Revision