Law Topics

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.

• The Oxford Handbook of Sentencing and Corrections / J Petersilia and K R Reitz, 2012
• Sentencing In Australia / M Bagaric and R Edney, 2016
• Sentencing : theory, law and practice / Nigel Walker and Nicola Padfield
• Specialist courts for sentencing Aboriginal offenders / Bennett, 2016

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

Halsburys 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.

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.

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:

• Lexis Advance 
• Westlaw Australia
• Informit including AGIS Plus Text
• Westlaw UK
• Thomson Reuters Westlaw
• HeinOnline
• Oxford Reports on International Law
• ProQuest
• Academic Onefile

Specific journals:

International journal of punishment and sentencing (Online)

Sentencing Trends and Issues

Key legislative material in this area includes:

• Crimes Act 1914 (Cth)
• Sentencing Act 1995 (WA)

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

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.

WorldLII criminal law

A WorldLII Australia - criminal law

Research organisations:

• Sentencing Council of NSW;
• The Sentencing Advisory Council of Victoria;
• The Judicial Commission of NSW - Research & Sentencing;
• The Judicial College of Victoria:  Sentencing Manual;
• Judicial Conference of Australia including JCA View of Sentencing;
• Sydney Institute of Criminolgy;
• Crime Research Centre (UWA).