HSC Stuff > HSC Legal Studies
sentencing decisions
jamonwindeyer:
--- Quote from: elysepopplewell on February 02, 2017, 09:18:52 pm ---I am wondering though, from the perspective of students studying the case, what are some of the legal issues that you are discussing in relation to McNamara and Rogerson? It doesn't slap me in the face as the most significant case for a legal student, so I'm keen for someone to share with me what they are finding interesting in the case(s)!
--- End quote ---
Will add to Elyse's comment that this is one of those cases that everyone does because it is famous - Famous does not make an effective piece of evidence for a Legal essay :) from what I know about the case (as Elyse has said), it doesn't offer very much besides the fact that it is a high profile case, and the nature of the offenders position in society (which is more an 'OMG' thing than an actually legally relevant thing). Remember to give all your cases due thought - How will it contribute to your argument in a really meaningful and unique way? :)
--- Quote from: paris_baker on February 02, 2017, 07:09:05 pm ---I wrote an essay kind of similar to this a while ago.. points I used for factors affecting sentencing decisions were based around aggravating and mitigating factors (if you haven't studied this yet, it's about factors that add or take away from the length and severity of the sentence.. e.g. repeat offender, if they have good moral character, show remorse). The question for my essay was "Assessment of the role of discretion in sentencing and punishment of offenders, and these are excerpts from the paragraphs I wrote. I hope these may boost your mind or a case might be useful to you!! Good luck.
--- End quote ---
Welcome to the forums Paris! First post and gives an essay - What an absolute legend ;D
parthie:
As a case I don't think it has very much to contribute to my legal essay but my school has chosen for us to use this case as our main case (we don't have a choice). So what I have done is gone into extreme detail about every section of the case that is relevant to the question and I've used other cases as well and other areas in factors affecting sentencing decisions that don't relate to the case but to the question.
Im not sure how much detail i could go into in relation to "There is always the argument with murder that no sentence will ever meet the crime." because I've already written the essay and im on 1100 which is the world limit. and plus i have briefly mentioned that but im not sure how i could properly incorporate it. Also the essay should go in detail in the case however it is also meant to be in relation to all victims not just ones that are murdered so im not sure how relevant it would be to put in that point. thoughts?? im open to suggestions....its due monday :)
jamonwindeyer:
--- Quote from: parthie on February 02, 2017, 10:59:42 pm ---As a case I don't think it has very much to contribute to my legal essay but my school has chosen for us to use this case as our main case (we don't have a choice). So what I have done is gone into extreme detail about every section of the case that is relevant to the question and I've used other cases as well and other areas in factors affecting sentencing decisions that don't relate to the case but to the question.
Im not sure how much detail i could go into in relation to "There is always the argument with murder that no sentence will ever meet the crime." because I've already written the essay and im on 1100 which is the world limit. and plus i have briefly mentioned that but im not sure how i could properly incorporate it. Also the essay should go in detail in the case however it is also meant to be in relation to all victims not just ones that are murdered so im not sure how relevant it would be to put in that point. thoughts?? im open to suggestions....its due monday :)
--- End quote ---
Sounds like you have done all the right things! Using other cases to round out your argument works really well. If you're at your word limit already then definitely not mandatory to expand on Elyse's point - Just something to consider for future essays if you are ever short of things to discuss! ;D
georgiia:
Sentencing is the balancing act between the interests of the community, the concerns of the victim and the best interests of the offender. Statutory and judicial guidelines inform the exercise of judicial discretion in the area of sentencing. They aim to provide greater uniformity in sentencing matters and enhance the integrity of the process. The Crimes (Sentencing Procedure) Act 1999 NSW is the primary source of sentencing law in NSW:
1). MAXIMUM Sentences for ALL crimes [STATUTORY guidelines]
- The Crimes Act 1900 (NSW) prescribes the maximum penalties.
2). Standard Non-Parole Periods for SOME crimes [STATUTORY guidelines]
- The Crimes (Sentencing Procedure) Act 1999 NSW tells the judge the Standard Non-Parole Period and identifies mitigating and aggravating circumstances.
- This is what parliament says should be the standard minimum punishment.
3). GUIDELINE judgements for SOME crimes [JUDICIAL guidelines]
- Issued by the NSW Court of Criminal Appeal and are not binding
- The NSW Sentencing Council has decided that the case R v Henry (1999) was an excellent example of how a judge should decide on the punishment for someone in an Armed Robbery case.
- So now every judge in an Armed Robbery case must follow what the judge did in R v Henry. This is know as a Guideline Judgment.
4). MANDATORY life sentences for murdering police [STATUTORY guidelines]
- an automatic sentence set by parliament that must be imposed by the judicial officer for particular offences or repeat offences.
- They aimed to be a harsh deterrent for repeat offenders and to remove serial offenders from the streets.
- Crimes Amendment (Murder of Police Officers) Act 2011
- Raises the justice issue of whether: ‘Is a police man’s life worth more?’ SMH (2011)
- Unduly harsh as it removes the ability of the magistrate or judge to consider individual circumstances.
Navigation
[0] Message Index
[*] Previous page
Go to full version