Sentencing in Tasmania: 2nd Edition
Sentencing in Tasmania: 2nd Edition
by Kate Warner
Hardcover 474 pgs.
Published: March 2002
ISBN: 1-86287-348-8
ISBN-13: 978-1-86287-348-3
$110.00

Sentencing in Tasmania: 2nd Edition

While Sentencing in Tasmania's focus is on Tasmania, it is relevant to all Australian jurisdictions because it contains an exposition of the common law principles in relation to sentencing, including recent High Court decisions such as Olbrich (fact finding and sentencing), Ryan (sexual offenders and good character), Dinsdale (suspended sentences), Pearce (double punishment), and Postiglione (totality and parity).

The discussion of specific crimes and offences includes a section on social security fraud and provies sentencing ranges for the most common offences based on national data for sentences imposed in 2000. The book will be particularly useful in those jurisdictions that do not have a comprehensive and up-to-date treatise on the law of sentencing.

Table of Contents

CHAPTER 1: Introduction
CHAPTER 2: Procedure
CHAPTER 3: General Considerations
CHAPTER 4: Fines
CHAPTER 5: Restitution, Compensation and Costs
CHAPTER 6: Forfeiture and Disqualification
CHAPTER 7: Unsupervised Release
CHAPTER 8: Supervised Released
CHAPTER 9: Custodial Orders
CHAPTER 10: Other Sanctions
CHAPTER 11: Crimes Against the Person
CHAPTER 12: Robbery and Property Offences
CHAPTER 13: Drug Offences and Other Crimes
CHAPTER 14: Specific Summary Offenses
CHAPTER 15: Appeals

Table of Cases
Table of Statutes
Index

"What is it that should characterise a good plea in mitigation? How do Courts go about the process of determining an appropriate sentence? Where there are several defendants, intoxicated defendants, accused with mental or physical handicaps, how does the Court balance the needs of the community against the personal circumstances?

What is the role of defence Counsel in the sentencing process?

I would hope that there is no practitioner who has appeared in Court, who has not, at the very least, a working knowledge of the first edition. ...

Whilst it is headed, 'Sentencing in Tasmania,' and whilst Tasmanian authorities form the backbone of the decisions referred to, many High Court, other State and overseas decisions have been referred to, either to show a general agreement or, as occurs for instance in relation to the issue of sentence indications, prior to plea, the difference between their effect in Australia, where they are not binding, and the United Kingdom where they are. ...

This book contains everything a litigation practitioner might need to know in relation to the how, when, where and why of sentencing and is to be very highly recommended. I suggest that all of us can indeed benefit by considering the material contained in it, and applying that knowledge to our future pleas in mitigation."

-- Law Society of Tasmania Newsletter, June 2002

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