Criminal Law and Procedure Week 11. Sentencing: Justifications for punishment. Objectives of sentencing lectures (weeks 11-13). Understand by way of overview the history of criminological thought and the theories of punishment;
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Sentencing: Justifications for punishment
Our sentencing options heavily influenced by 19th century Britain (and still are)
3. The purposes of this Act include –
(a) collecting into a single Act general powers of courts to sentence offenders; and
(b) providing for a sufficient range of sentences for the appropriate punishment and rehabilitation of offenders, and in appropriate circumstances, ensuring that protection of the Queensland community is a paramount consideration; and
(c)promoting consistency of approach in the sentencing of offenders; and
(d) providing fair procedures -
(i) for imposing sentences; and
(ii) for dealing with offenders who contravene the conditions of their sentence; and
(e) providing sentencing principles that are to be applied by the courts; and
(f) making provision so that offenders are not imprisoned for non-payment of fines without the opportunity of obtaining a fine option order; and
(g) promoting public understanding of sentencing practices and procedure; and
(h)generally reforming the sentencing laws of Queensland.
“Sentencing is the process of selecting the type and amount of punishment to impose for a particular breach of the law.”
(ALRC Report 44, 12)
(ALRC Report 44, 13)
Source: Study by Mukherjee et al, 1987 for Australian Institute of Criminology, cited in R Hogg & D Brown, Rethinking Law and Order Pluto Press, NSW 1998.
(See generally chapter by Mason in Hazlehurst, Crime and Justice, An Australian Textbook in Criminology) , and Williams, K, Textbook on Criminology , and White and Haines
1764 - An Essay on Crimes and Punishments
The only purposes for which sentences may be imposed on an offender are-
(a) to punish the offender to an extent or in a way that is just in all the circumstances; or
(b) to provide conditions in the court’s order that the court considers will help the offender to be rehabilitated; or
(c) to discourage the offender or other persons from committing the same or a similar offence; or
special and general deterrence
(d) to make it clear that the community, acting through the court, denounces the sort of conduct in which the offender was involved; or
(e) to protect the community from the offender; or
(f) a combination of 2 or more of the purposes mentioned in paragraphs (a) to (e).