Sentencing principles in the High Court and the PSA
Colvin, Eric. Sentencing Principles in the High Court and the PSA. (2003) 3 Queensland University of Technology Law and Justice Journal 86-103.
Access the article online in the QUT Law and Justice Journal
Copyright ©Queensland University of Technology Law and Justice Journal. All rights reserved.
This paper examines the significance of two recent decisions of the High Court of Australia for sentencing in Queensland: Wong v The Queen; Leung v The Queen on the role numerical guidelines can play in a scheme of discretionary sentencing; Cameron v The Queen on the conditions for granting or denying discounts for pleading guilty. Although neither decision involved a Queensland offence, they both expressed principles which can complement the loose terms of the Penalties and Sentences Act 1992 (Qld). There were also, however, some statements in Wong v The Queen; Leung v The Queen criticising 'two-stage' sentencing and condemning any use of numerical guidelines. It is argued that Queensland courts need not and should not follow these directions when sentencing under the Penalties and Sentences Act.
Eric Colvin. "Sentencing principles in the High Court and the PSA " Law papers (2003).
Available at: http://works.bepress.com/eric_colvin/31