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Sentencing discounts for delay

journal contribution
posted on 2023-05-19, 16:17 authored by Catherine WarnerCatherine Warner, Davis, J, Freiberg, A, Caroline SpiranovicCaroline Spiranovic
the Victorian jury study aimed to ascertain jurors' views of sentencing severity and to compare the views of judges and jurors on the relevance of aggravating and mitigating factors. A surprising finding from the analysis of the sentencing remarks from the trials in the study is that because delay was the third most common mitigating factor. This article suggests that because delay's relevance as mitigating factor may be not immediately apparent to the public, the reasons why it attracts a reduced sentence should be clearly explained by sentencers.

History

Publication title

Criminal Law Journal

Volume

42

Pagination

22-33

ISSN

0314-1160

Department/School

Faculty of Law

Publisher

Lawbook Co.

Place of publication

Australia

Rights statement

Copyright 2018 Thomson Reuters (Professional) Australia Limited

Repository Status

  • Restricted

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