Australian Criminal Law - Treatment of Indigenous Australians

The Australian flagitious jurisprudence has not been viewed as cultur totallyy neutral in its treatment of indigenous Australians in the past, and, as is evident through mandatory sentencing laws in Western Australia and the coalition Territory, continues to be racially biased, discriminatory and disproportionately strict in its treatment of Aboriginal Australians. OBJECTIVES OF THE CRIMINAL LAW The ultimate purpose of criminal law is to protect the community from crime. But in that location ar many other relevant considerations. Community auspices is a primary consideration in sentencing , but it go forth be weighed against the personal characteristics and circumstances of the offence and the offender . The common law does not sanction arbitrary postponement. It requires symmetry between the degree of detention and the gravity of the crime . incomplete does it sanction limp detention. It does not accept excessive periods of detention for the sole decision of prote cting the community from repeat offenders. Indeed, impoundment is generally considered a sentence of last resort and a court will generally strive to impose the borderline sentence undeniable to protect the community.

To some extent these principles contract special application in relation to children and, given the considerations above, courts work to take a more lenient approach in cases involving minors (However, the offenders duration and criminal record and the seriousness and prevalence of the offence be mitigating factors.) MANDATORY SENTENCING: OUTLINE Mandatory sentencing mover that the Parliament, b y legislation, sets a contingent sentence, ! or a token(prenominal) as well as a maximum sentence, for a particular offence. The result is to contract some or all of the traditional discretion of resolve to determine what sentence should be imposed on the offender. The judgment of mandatory sentencing is not brand-new: in the eighteenth and primordial nineteenth centuries, there were a number of offences for which parliaments in England and New...If you necessity to get a dependable essay, order it on our website: OrderCustomPaper.com

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