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Topic Research Guides: Sentencing

Research Resources and Guides For Law Topics

Textbooks

Sentencing texts are shelved at 345.7, 364.6 and 365.9.

Subject terms to search in the catalogue include:
Criminal justice, Administration of; Sentences (Criminal procedure) -- Australia; Sentences Criminal Procedure Western Australia; Criminal law -- Australia; Punishment; Imprisonment; Prisons; Punishment -- Philosophy

There are a number of major texts in this area with regular editions being released.
Check the catalogue for details of the current edition.

Commentary

Laws of Australia - 12 Criminal Sentencing (Westlaw Australia);

Halsbury's Laws of Australia - Title 130 Criminal Law Chapter VIII Sentencing (Lexis Advance);

Australian Sentencing - commentary on Westlaw Australia  (see screen shot instructions below);

CINCH from Australian Institute of Criminology is included in Library Search;

Judicial Conference of Australia, Judge for Yourself: A Guide to Sentencing in Australia;

Australian Law Reform Commission, Same Crime, Same Time: Sentencing of Federal Offenders, ALRC 30.

Sentencing Commentary - Westlaw Australia

Australian Sentencing available from Westlaw Australia. 

This service provides clear offence and principle based guidance, detailing a range of mitigating and aggravating circumstances that can impact on a sentence.


 

Journals and Indexes

Search for journal articles using Library Search.

However, Library Search cannot search the legal database, so repeat your search in each of these.

Full text Journals:

Specific journals:

International journal of punishment and sentencing (Online)

Sentencing Trends and Issues

Legislation

Key legislative material in this area includes:

Federal Register of Legislation - Commonwealth Legislation

Western Australian Legislation - Western Australian Legislation

Legify- gateway to Australian Jurisdiction

LawNow Legislation from Lexis Advance  – drill down to a section and click the >> to find related commentary or cases on;

Parliament of Australia Bills Digest for bills, links to EM (explanatory memoranda) and Hansard (second reading speeches);

Parliament of Western Australia Hansard - links to EM (explanatory memoranda) and Hansard (second reading speeches).

Case Law

District Court of WA - Sentencing Reasons

Supreme Court of WA - Sentences

Supreme Court of WA - Judgments

  • WASC Sentencing Remarks are only listed for approximately 28 days which is in line with the The Supreme Court of Western Australia Consolidated Practice Directions 5.7.
    • This states that older sentencing remarks may be reviewed "after obtaining permission from the Principle Registrar" (5.7 1).

Sentencing Decisions & Remarks

Sentencing Decisions

Sentencing decisions detail the range of mitigating and aggravating considerations that can impact on a sentence.

To locate Australian sentencing decisions for specific offenses, and the range of mitigating and aggravating considerations that can impact on a sentence, search Australian Current Law Reporter (Lexis Advance)
 

Sentencing rule:

Deterrence + Denunciation + Rehabilitation + Protection of the Community x (Offender + offence) = the appropriate punishment

 
Sentencing Remarks

Sentencing remarks are the reasons given, either orally or in writing, by a judge as to why a particular sentence is passed on an offender.

  • Sentencing remarks are often published on Australian court websites.
  • Search the Australian Current Law Reporter database for superior court cases.
  • For Western Australian Courts, select sentencing remarks are publicly available

Sentencing remarks - where a judge gives the reasons for a the sentence passed on an offender - are available on court websites:

 

The WA eCourt portal provides access to all WA court sentencing judgments and remarks.