Date of this Version
June 2003
Document Type
Journal Article
Abstract
This paper examines the significance of two recent decisions of the High Court of Australia for sentencing in Queensland: Wong v The Queen; Leung v The Queen on the role numerical guidelines can play in a scheme of discretionary sentencing; Cameron v The Queen on the conditions for granting or denying discounts for pleading guilty. Although neither decision involved a Queensland offence, they both expressed principles which can complement the loose terms of the Penalties and Sentences Act 1992 (Qld). There were also, however, some statements in Wong v The Queen; Leung v The Queen criticising 'two-stage' sentencing and condemning any use of numerical guidelines. It is argued that Queensland courts need not and should not follow these directions when sentencing under the Penalties and Sentences Act.
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Publication Details
Colvin, Eric. Sentencing Principles in the High Court and the PSA. (2003) 3 Queensland University of Technology Law and Justice Journal 86-103.
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