Australian Criminal Law - Treatment of Indigenous Australians

The Australian flagitious jurisprudence has not been viewed as cultur whollyy neutral in its treatment of indigenous Australians in the past, and, as is evident through mandatory sentencing laws in Western Australia and the due north Territory, continues to be racially biased, discriminatory and disproportionately strict in its treatment of Aboriginal Australians. OBJECTIVES OF THE CRIMINAL LAW The ultimate disapprove of criminal law is to protect the community from crime. But on that point ar many other relevant considerations. Community shelter is a primary consideration in sentencing , but it go forth be weighed against the personal characteristics and circumstances of the offence and the wrongdoer . The common law does not sanction arbitrary detainment. It requires equaliser between the degree of detention and the gravity of the crime . uncomplete does it sanction limp detention. It does not accept excessive periods of detention for the sole decision of protec ting the community from repeat offenders. Indeed, durance is generally considered a sentence of last resort and a court will generally strive to impose the tokenish sentence undeniable to protect the community.

To some extent these principles leave special application in relation to children and, given the considerations above, courts black market to take a more lenient approach in cases involving minors (However, the offenders duration and criminal record and the seriousness and prevalence of the offence be mitigating factors.) MANDATORY SENTENCING: OUTLINE Mandatory sentencing representation that the Parliament, by legisl ation, sets a contingent sentence, or a mi! nimal 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 overbold: 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 wax essay, order it on our website: BestEssayCheap.com

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