LAW7043

Sentencing

Professor Richard Fox

Objectives Students completing this course should have an understanding of the legal framework within which offenders against federal and state law in Victoria are sentenced. They will recognise the non-judicial, as well as the judicial elements of sentencing, the empirical and legal bases of sentencing practice, and will have gained an understanding of the different philosophical underpinnings of the sentencing system.

Synopsis The course will examine the sources of sentencing law; the distribution of sentencing authority between the legislature, judiciary and executive arms of government; the control of sentencing discretion; the role of counsel in the sentencing hearing; and the particular sentencing measures available to the courts. The latter will include monetary and related penalties; forms of supervised and unsupervised release; and custodial measures. The problems of sentencing special offender groups, such as the mentally ill, will also be examined. Particular attention will be paid to the new federal and state legislation in the sentencing area and its relation to other sanctions such as that provided for under proceeds of crime legislation. The course will be taught in a seminar format in which students are required to undertake independent reading and research and to present the findings of their research for class discussion.

Assessment Two written research assignments (5000 words each): 100% - or (in exceptional circumstances) one written research assignment (10,000 words): 100%

Texts

Sentencing Act 1991 (Vic)
Crimes Act 1914 (Cth)
Fox R G & Freiberg A Sentencing: State and Federal law 2nd edn, MUP, 1999

Back to the 1999 Law Handbook