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Aggravating and mitigating factors in sexual and non-sexual violence cases
journal contribution
posted on 2023-05-21, 12:23 authored by Catherine WarnerCatherine Warner, Bartels, L, Davis, J, Roberts, L, Caroline SpiranovicCaroline Spiranovic, Gelb, KThis article reports on the findings of a content analysis of judges' sentencing remarks for 167 offenders from 159 trials. The results show the wide range of aggravating and mitigating factors considered by judges in sentencing sexual and non-sexual violent offences and identifies those factors that arise most frequently. The article sheds light on the sentencing practice of judges at first instance, which complements the understanding of sentencing practice derived from legislative and appellate guidance. In the interests of improving public understanding of sentencing practices, factors that would benefit from better explanation in sentencing remarks are highlighted. Factors that require clearer appellate guidance are also noted and some interesting jurisdictional differences in the treatment of some factors are discussed.
History
Publication title
Journal of Judicial AdministrationVolume
30Issue
4Pagination
155-179ISSN
1036-7918Department/School
Faculty of LawPublisher
Lawbook Co.Place of publication
AustraliaRights statement
©2021 Thomson Reuters.Repository Status
- Restricted