Practical insights: Australian Sentencing provides practical offence- and principle-based- guidance on considerations that impact on sentence. It addresses themes and issues applicable across Australia while fully addressing jurisdiction specifics.
Throughout the service, Mirko Bagaric and Richard Edney apply both their criminal law practice experience and their analytical skills to assisting practitioners in this complex area where the intricate interplay of factors has significant outcomes.
Organised to help your work: Easily located and well structured commentary will be equally useful whether you’re advising a client, appearing for the defence or prosecution at a sentencing hearing, or running a trial. Start with the specific offence in issue, and see what factors are particularly important for that offence; also check the applicable sentencing tariff. Turn to the particular aggravating and mitigating factors and find detailed guidance on how these are considered by the courts. Consult the practical review of the objectives of sentencing to take into how these too affect sentencing outcomes in particular cases.
The Australia-wide approach, with state-specific coverage is particularly timely as courts around the country are recognising the benefit of consistency in sentencing, albeit with care for their jurisdiction’s jurisprudence. Now too the High Court is a significant influence toward consistency in sentencing practice, seeking consistency in the application of the relevant legal principles. Supporting these trends, Australian Sentencing assists practitioners remain current with the detail and significance of the huge volume of court of appeal sentencing decisions – from their own courts and from around the country.
Complementing the detail of sentencing law, an early chapter addresses the procedural and evidential matters of a sentencing hearing while current core sentencing legislation from around Australia is included for ease of subscriber reference.
With Australian Sentencing, you’ll be well-placed to ensure you take everything essential into account in order to achieve the best outcomes in the circumstances.
Mirko Bagaric is a professor of law at Deakin University. He is also a practising lawyer and editor of the Criminal Law Journal. He has written several books on sentencing and completed his PhD in this area; his thesis is titled ‘Punishment and Sentencing: A Rational Approach’.
Richard Edney is a member of the Victorian Bar. He practises exclusively in the area of criminal law. He is widely published in the areas of sentencing, evidence and criminal procedure.
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