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.

Highlights

  • Two recent decisions of the High Court of Australia addressed important matters of general principle respecting sentencing: Wong v The Queen; Leung v The Queen[1] on the role of guidelines in sentencing methodology; Cameron v The Queen[2] on discounts for pleading guilty

  • Wong and Leung was an appeal from a sentence imposed in New South Wales for a Commonwealth offence; Cameron was an appeal from a sentence for a Western Australia offence

  • The New South Wales Court of Criminal Appeal has already taken a step in this direction.[22]

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Summary

Eric Colvin

Recommended Citation Eric Colvin. (2003) "Sentencing principles in the High Court and the PSA " ,, . http://epublications.bond.edu.au/law_pubs/22. (2003) "Sentencing principles in the High Court and the PSA " ,, . This Journal Article is brought to you by the Faculty of Law at ePublications@bond. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of ePublications@bond.

ERIC COLVIN*
SENTENCING GUIDELINES AND SENTENCING METHODOLOGY
DISCOUNTS FOR PLEADING GUILTY
Findings
CONCLUSIONS
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