LLB180 Lecture Notes - Lecture 11: Crimes Act 1914, Ian Callinan, Robbery
Document Summary
A tension between maintaining maximum flexibility in the exercise of the discretion and ensuring consistency in sentencing decisions. Inconsistency = injustice, offends the principle of equality before the law. The court formulates general principles and sometimes, an indication of appropriate range, to guide trial courts. Reinforces public confidence in the integrity of the process of sentencing. Guideline judgements are indicative only = flexibility. Guideline judgement is more likely to arise in the context of a crown appeal. After jurisic was decided the nsw government gave guideline sentences a statutory force by enacting div 4 of pt 3 of the crimes (sentencing procedure) Nsw guideline judgements post-jurisic: armed robbery - "unprofessional" armed robbery" henry [1999, drug couriers for drug couriers and people low in the drug hierarchy. Wong and leung [1999: guilty plea discount sentencing judges were to explicitly state that a guilty plea was taken into account, and encouraged to quantify the discount (e. g. 10%, 25% etc. )
