Experienced practitioners and judges will welcome the return of this authoritative work, while new solicitors and barristers will find guidance on the many complex and varied considerations which apply to sentencing matters.
Arie Freiberg focuses on Victorian and federal sentencing law with extensive coverage of appellate decisions in every Australian jurisdiction, particularly in relation to matters of general principle.
The Third Edition explains the distribution of sentencing authority between the branches of government and the constitutional dimension, the local and international sources of sentencing law, procedure, and procedural justice. Also considered are the roles of the prosecution, the defence and victims.
Particular attention is given to the purposes of sentencing, as well as general principles, methodology, the issues of harm and culpability, and the ongoing challenge of balancing consistency against individualisation in sentencing.
Other matters considered include:
- All custodial and non-custodial sanctions;
- New post-conviction orders relating to sex and violent offenders;
- Ancillary sanctions such as confiscation orders, disqualification, sex offender registration and working-with-children laws;
- Increasing reliance on civil sanctions; and
- Forms of appeal against sentence.
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