Legal Studies Final - Discretionary Sentencing

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The Penalties and Sentences Act of 1994, governs every aspect of Queensland’s sentencing process and is one of our most important pieces of legislation; implementing a completely impartial justice sentencing system. This act attempts to establish a balance between punishments and positive outcomes for all the key stakeholders, but has come under scrutiny of recent times for supposedly being “soft on crime” (Judicial Conference of Australia, 2014). A considerable number of Queenslanders believe however, that the current legislation can also be inconsistent and weak; this debate has grabbed the attention of people in other Australians jurisdictions. They argue however, the best way to deter and reduce crime is a judicially ‘tailored’ process of sentencing, balancing positive outcomes for the victims and the community with what is appropriate for the convicted individual. Because of this the Discretionary provisions should not be diminished or removed. If this system of discretionary sentencing is reduced or abolished completely there will be no benefit for any stakeholder and in fact the ridiculously harsh and unjust substitute of mandatory sentencing would create injustice.

The Penalties and Sentences Act of 1994 is the current legislation relevant to sentencing in Queensland. Without it, there wouldn’t be any consideration of mitigating or aggravating factors, nor would offenders be punishable to an extent or way that is in accordance of any circumstances (USQ Australia, 2014 – Penalties and Sentences Act 1992). The Penalties and Sentences Act clearly states, 9.1) “The only purpose for which sentences may be imposed on an offender are – a) to punish the offender to an extent or in a way that is just in all the circumstances” (Qu...

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... University of Melbourne, (2013). The High Court on Mandatory Sentencing in Magaming v The Queen: Only Part of the Story. [online] Available at: http://blogs.unimelb.edu.au/opinionsonhigh/2013/11/13/dziedzic-walker-magaming/ [Accessed 2 Jun. 2014].
18. USQ Australia, (2008). Overview Penalties and Sentences Act 1992. [online] Available at: https://elo.legalaid.qld.gov.au/webdocs/dbtextdocs/internal/irregseries/cle/2008/penaltiesoverview.pdf [Accessed 2 Jun. 2014].
19. World Socialist Web Site, (2000). Public outcry in Australia over jailed Aboriginal boy's suicide. [online] Available at: http://www.wsws.org/en/articles/2000/02/jail-f19.html [Accessed 29 May. 2014].
20. Youth Studies Australia, (2000). 10 Arguments Against Mandatory Sentencing. [online] Available at: http://www.acys.info/ysa/issues/v.19_n.2_2000/p22_-_R._White_-_June_2000.pdf [Accessed 2 Jun. 2014].

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