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Aggravating and mitigating factors in sexual and non-sexual violence cases

Citation

Warner, K and Bartels, L and Davis, J and Roberts, L and Spiranovic, C and Gelb, K, Aggravating and mitigating factors in sexual and non-sexual violence cases, Journal of Judicial Administration, 30, (4) pp. 155-179. ISSN 1036-7918 (2021) [Refereed Article]

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2021 Thomson Reuters.

Official URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_i...

Abstract

This 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.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Law in context
Research Field:Criminal law
Objective Division:Expanding Knowledge
Objective Group:Expanding knowledge
Objective Field:Expanding knowledge in law and legal studies
UTAS Author:Warner, K (Professor Kate Warner)
UTAS Author:Spiranovic, C (Dr Caroline Spiranovic)
ID Code:152573
Year Published:2021
Deposited By:Research Performance and Analysis
Deposited On:2022-08-22
Last Modified:2022-09-07
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