Controlling Judicial Sentencing Discretion

6 Pages Posted: 16 Sep 2021

See all articles by Dr Sara Golru

Dr Sara Golru

The University of Sydney, Faculty of Law

Date Written: September 2017

Abstract

The separation of powers principle demands that the law should not confine or control judicial discretion in sentencing but should aim only to direct or guide such discretion. The implementation of mandatory sentencing for assault causing death while intoxicated demonstrates that the right balance has not been struck in NSW because community expectations should be considered as simply one relevant factor in sentencing, rather than the sole factor. Ultimately, the purposes of ensuring public confidence, consistency, deterrence, denunciation and retribution should not outweigh the importance of fundamental principles of the rule of law as well as rehabilitation and attaining individual justice.

Keywords: criminal justice; criminal law; separation of powers; public policy

Suggested Citation

Golru, Dr Sara, Controlling Judicial Sentencing Discretion (September 2017). Available at SSRN: https://ssrn.com/abstract=3905646 or http://dx.doi.org/10.2139/ssrn.3905646

Dr Sara Golru (Contact Author)

The University of Sydney, Faculty of Law ( email )

Faculty of Law Building, F10
Sydney, NSW
Australia

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