Australian Criminal Law - Treatment of Indigenous Australians

The Australian flagitious jurisprudence has not been viewed as cultur completelyy neutral in its treatment of indigenous Australians in the past, and, as is evident through mandatory sentencing laws in Western Australia and the heart Territory, continues to be racially biased, discriminatory and disproportionately strict in its treatment of Aboriginal Australians. OBJECTIVES OF THE CRIMINAL LAW The ultimate bearing of criminal law is to protect the community from crime. But on that point ar many other relevant considerations. Community safeguard 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 hands. It requires symmetry between the degree of detention and the gravity of the crime . neither does it sanction limp detention. It does not accept excessive periods of detention for the sole decision of protecting the comm unity from repeat offenders. Indeed, chains is generally considered a sentence of last resort and a court will generally strive to impose the lower limit sentence undeniable to protect the community.

To some extent these principles start special application in relation to children and, given the considerations above, courts scat to take a more lenient approach in cases involving minors (However, the offenders duration and criminal record and the seriousness and preponderance of the offence be mitigating factors.) MANDATORY SENTENCING: OUTLINE Mandatory sentencing operator that the Parliament, by legisl ation, sets a contingent sentence, or a no! minal 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 unsanded: 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 rise essay, order it on our website: BestEssayCheap.com

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