Hi everyone!
I was wondering what is the definition of statutory and judicial guidelines and what are the differences?
Hey Mystermark !
Statutory guidelines are basically everything 'set in stone' under legislation, so when imposing a sentence, magistrates and judges have numerous laws, rules, guidelines and cases on how sentences are to be determined. Most of this is done through
The Crimes (Sentencing Procedure) Act 1999 (NSW), which is the primary source of sentencing law in NSW. In addition to that Act, limits and guidelines on sentencing are found in many other statutes. It sets out things such as a maximum penalty an offender can receive for a sentence. No judicial officer can pass a sentence higher than the maximum penalty. For example, section
19A of the Crimes Act 1900 (NSW) describes the maximum penalty for murder as life imprisonment, and section 61I sets the maximum penalty for sexual assault at 14 years’ imprisonment.
However, it is ultimately up to the judge or magistrate to impose an approprotate charge and this differs through judicial guidelines. Judicial officers determine the best sentence on a case-by-case basis. They take into account numerous aspects of the offence and of the accused’s circumstances.
Furthermore, mandatory sentencing overules juditical discretion, imposing a mandatory minimum sentence for a particular offence. Mandatory sentencing is an automatic sentence set by parliament that must be imposed by the judicial officer for particular offences or repeat offences.
Essentially in short, statutory guidelines CANT be fought against, theyre legally set to make sure imposed punishments are appropriate (and to make sure in instances such as murder and offender doesn't get a 2 year sentence just because the judge felt like it) and judicial guidelines revolve more heavily around discretion.
Hope this helps
Goodluck for your HSC !