Sentencing the 'victimised criminal': delineating the uncertain scope of mitigatory extra-curial punishment

Chong, Mark David, Fellows, Jamie, and Richards, Frank (2013) Sentencing the 'victimised criminal': delineating the uncertain scope of mitigatory extra-curial punishment. Sydney Law Review, 35 (2). pp. 379-406.

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This article analyses the way Australian courts have been sentencing a relatively unique category of convicted offenders — described oxymoronically here as 'victimised criminals' — those who have already been punished or will be punished in one form or another, whether directly or indirectly, by an entity or entities other than the sentencing court proper. This situation can be called extra-curial punishment given the 'extra-judicial' nature of the sanction. Studies in this area are sorely needed because of the continuing complexity and ambiguity surrounding both the definitional parameters of extra-curial punishment, and the way courts have applied these rules in a flexible, and sometimes improvised, fashion. It is this fluidity that has been criticised as being the cause for the lack of certainty and precision in the relevant law. Consequently, the ensuing analysis will attempt to bring some clarity here by employing an analytical scheme that is premised on a morally intuitive common sense valve, the use of which results in judges arriving at fairer and more just decisions.

Item ID: 23878
Item Type: Article (Research - C1)
ISSN: 0082-0512
Date Deposited: 17 Jul 2013 23:50
FoR Codes: 16 STUDIES IN HUMAN SOCIETY > 1602 Criminology > 160203 Courts and Sentencing @ 50%
18 LAW AND LEGAL STUDIES > 1801 Law > 180110 Criminal Law and Procedure @ 50%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940403 Criminal Justice @ 100%
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