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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 Spiranovicthe 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 JournalVolume
42Pagination
22-33ISSN
0314-1160Department/School
Faculty of LawPublisher
Lawbook Co.Place of publication
AustraliaRights statement
Copyright 2018 Thomson Reuters (Professional) Australia LimitedRepository Status
- Restricted