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Sentencing

Audio program

12 Oct 2017

Victoria's Victims of Crime Commissioner and politicians on both sides of Parliament have welcomed a High Court ruling that has effectively found that the Court of Appeal should have increased the sentence given to a man for sexually abusing his stepdaughter from the age of nine.

The...

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Research report

12 Oct 2017

Aim: To compare reoffending rates between those who received an intensive correction order (ICO) and those who received short prison sentence (less than two years).

Method: Offenders’ demographic characteristics, index offence characteristics, prior...

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Report

20 Jul 2017

The Attorney-General and Minister for Justice, Yvette D’Ath, asked us to review the classification of child exploitation material (CEM) for sentencing purposes and determine whether any improvements can be made. The final report has now been released.

The review comprised significant...

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Report

18 Jul 2017

The Community Correction Order (CCO) is a sentencing order that provides for an offender’s punishment and rehabilitation in the community. An offender’s failure to comply with a CCO without a reasonable excuse is a criminal offence with a maximum penalty of three months’ imprisonment.

...

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Report

02 Jun 2017

Police diversion is widely utilised as an intervention for minor cannabis offending in Australia. This study compared the cost-effectiveness and outcomes of three kinds of diversions—cautions, expiation and warnings—with the traditional criminal justice system response of charging the offender....

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Discussion paper

17 May 2017

This Issues Paper considers options for reform that may improve the effectiveness of the criminal justice response to drink drivers in Tasmania, by exploring sentencing options that are more likely to influence offenders’ perceptions of risks represented by their behaviour, and bring about...

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Research report

26 Apr 2017

The Tasmanian Attorney-General, Vanessa Goodwin, asked the Sentencing Advisory Council to examine and provide a report on sentences imposed by the Tasmanian courts in cases where a person is seriously injured or killed as a result of a motor vehicle crash, and to provide advice on how to address...

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Research report

08 Feb 2017

A community correction order (CCO) is a sentence imposed by a court that allows offenders to complete their sentences in a community setting. Offenders on CCOs may have to comply with specific conditions imposed by the courts, such as mandatory drug or alcohol treatment, and significant...

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Research report

21 Jul 2016

Domestic violence is typically characterised by a wide range of controlling behaviours. An offence committed in the context of domestic violence is usually part of a larger picture of repeated and multifaceted physical, mental and emotional abuse in which the perpetrator uses tactics aimed at...

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Research report

21 Jul 2016

The data in this report are extracted from the Corrective Services NSW (CSNSW) Offender Integrated Management System (OIMS) and the Juvenile Justice NSW (JJNSW) Client Information Management System (CIMS).

The adult custody population figures include only those persons held in gazetted...

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Research report

20 Jul 2016

This report updates select data from the Sentencing Advisory Council’s 2012 report Sentencing Children and Young People in Victoria.

Specifically, it focuses on offenders aged under 18 at the time of offending (and under 19 at the time of commencement of proceedings) who were sentenced in...

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Briefing paper

05 May 2016

This paper sets out the recent history of firearms offences, including the origins of the Firearms Act 1996 (NSW) in the aftermath of the Port Arthur massacre. It then outlines the distinction between non-strictly indictable and strictly indictable firearms offences, and considers the...

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Research report

16 Oct 2014

Using both quantitative and qualitative analyses of judges’ sentencing remarks, this paper examines community correction orders imposed by Victorian higher courts in the 18 months to June 2013.

Executive summary

This report builds on the findings from the Council’s...

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Research report

18 Sep 2014

Executive summary: This report has been prepared to assist the courts and those working in the criminal justice system to understand the operation of baseline medians as set out in the Sentencing Amendment (Baseline Sentences) Act 2014 (Vic) (‘the Act’) and some of the...

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Research report

30 Aug 2013

This report highlights the influence of implicit racial bias and recounts the findings of the current burgeoning scholarship on the role of such bias in the criminal justice system. Sections of this report cover topics, such as: racial disparity in police activity; racial disparity in trials,...

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Research report

11 Apr 2012

Sentencing Children and Young People in Victoria covers the operation, functions, and philosophy of the Criminal Division of the Children’s Court. It presents a statistical profile of offences sentenced in the court, and identifies and analyses changes over a ten-year period (2000 to 2009...

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Research report

01 Sep 2008

In this comprehensive guide to analyzing and responding to racial disparities in the criminal justice system, we provide strategies for addressing disparities at each stage of the system, as well as seventeen 'best practices' illustrating practitioner approaches for enhancing fairness.

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Research report

06 Aug 2003

This paper will argue in favour of the abolition of capital punishment and will attempt to do so from a legal and human rights perspective. The paper will also examine the most compelling argument against capital punishment, which, in the author's view, is the problem of executing innocent...

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