ADMJ 101 Lecture Notes - Lecture 5: Mandatory Sentencing, Australian Security Intelligence Organisation, Parole
Document Summary
These guiding factors are set out in the nsw. These purposes are diverse, and can at times be contradictory. For example, a sentence that helps to rehabilitate an offender may be at odds with the type of strategies used to protect the community or hold the offender accountable. As such, judges and magistrates must carefully balance these competing aims or purposes when applying them to the case at hand. We can also see that these sentencing purposes reflect the objectives of sentencing: (aimed at the broader community) Deterrence, including specific deterrence (aimed at the individual offender) and general. Denunciation (that is, expressing the wrong" of a perpetrator"s behaviour) Recognition of harm (to both the victim(s) and the broader community) Courts must also take the following principles into account when imposing a sentence: Proportionality: the severity of the sentence should reflect or be proportionate to the seriousness of the offender"s actions, the harm caused, or the harm to be prevented.
