Caught in the crossfire in the war on drugs: drug trafficking, sentencing and human rights

Abstract

This thesis investigates who trafficks drugs into Australia, how these persons are sentenced, and whether their sentences are consistent with international human rights norms. It is contended that the international human rights doctrine of constitutional proportionality is the appropriate test for making this evaluation because of its widespread use in constitutional and human rights adjudication, including by the European Court of Human Rights and the United Nations Human Rights Committee. Based on sentencing remarks from a sample of 94 cases, the results reveal systemic problems with sentence formulation which produce disproportionate sentences, contrary to international human rights norms.