The Use of Suspended Sentences in Australia: Unsheathing the Sword of Damocles

Lorana Bartels

Research output: Contribution to journalArticle

Abstract

Wholly suspended sentences are a controversial sentencing option currently available in all Australian jurisdictions. This article examines the interpretation of the two-step process for imposing a suspended sentence as set out by the High Court in Dinsdale and points to important differences in the approach to exercising the discretion to suspend. In addition, the varying severity of the “bite” of the sentence through the imposition of conditions or combination with other sentencing options is discussed. The significance of a suspended sentence rests, in large part, on the threat of imposition in the event of breach. The effect of divergence in relation to breach provisions is therefore also reviewed. Statistical information on the use of suspended sentences in the higher courts is presented and the need for a more consistent approach to the use of this sentencing option identified
Original languageEnglish
Pages (from-to)113-132
Number of pages20
JournalCriminal Law Journal
Volume31
Publication statusPublished - 2007
Externally publishedYes

Fingerprint

divergence
jurisdiction
threat
interpretation
event

Cite this

@article{cbb04e9e384f43e7b3c4ba98d18fd370,
title = "The Use of Suspended Sentences in Australia: Unsheathing the Sword of Damocles",
abstract = "Wholly suspended sentences are a controversial sentencing option currently available in all Australian jurisdictions. This article examines the interpretation of the two-step process for imposing a suspended sentence as set out by the High Court in Dinsdale and points to important differences in the approach to exercising the discretion to suspend. In addition, the varying severity of the “bite” of the sentence through the imposition of conditions or combination with other sentencing options is discussed. The significance of a suspended sentence rests, in large part, on the threat of imposition in the event of breach. The effect of divergence in relation to breach provisions is therefore also reviewed. Statistical information on the use of suspended sentences in the higher courts is presented and the need for a more consistent approach to the use of this sentencing option identified",
keywords = "suspended sentences, sentencing, courts",
author = "Lorana Bartels",
year = "2007",
language = "English",
volume = "31",
pages = "113--132",
journal = "Criminal Law Journal",
issn = "0314-1160",

}

The Use of Suspended Sentences in Australia: Unsheathing the Sword of Damocles. / Bartels, Lorana.

In: Criminal Law Journal, Vol. 31, 2007, p. 113-132.

Research output: Contribution to journalArticle

TY - JOUR

T1 - The Use of Suspended Sentences in Australia: Unsheathing the Sword of Damocles

AU - Bartels, Lorana

PY - 2007

Y1 - 2007

N2 - Wholly suspended sentences are a controversial sentencing option currently available in all Australian jurisdictions. This article examines the interpretation of the two-step process for imposing a suspended sentence as set out by the High Court in Dinsdale and points to important differences in the approach to exercising the discretion to suspend. In addition, the varying severity of the “bite” of the sentence through the imposition of conditions or combination with other sentencing options is discussed. The significance of a suspended sentence rests, in large part, on the threat of imposition in the event of breach. The effect of divergence in relation to breach provisions is therefore also reviewed. Statistical information on the use of suspended sentences in the higher courts is presented and the need for a more consistent approach to the use of this sentencing option identified

AB - Wholly suspended sentences are a controversial sentencing option currently available in all Australian jurisdictions. This article examines the interpretation of the two-step process for imposing a suspended sentence as set out by the High Court in Dinsdale and points to important differences in the approach to exercising the discretion to suspend. In addition, the varying severity of the “bite” of the sentence through the imposition of conditions or combination with other sentencing options is discussed. The significance of a suspended sentence rests, in large part, on the threat of imposition in the event of breach. The effect of divergence in relation to breach provisions is therefore also reviewed. Statistical information on the use of suspended sentences in the higher courts is presented and the need for a more consistent approach to the use of this sentencing option identified

KW - suspended sentences

KW - sentencing

KW - courts

M3 - Article

VL - 31

SP - 113

EP - 132

JO - Criminal Law Journal

JF - Criminal Law Journal

SN - 0314-1160

ER -