Australian Criminal Law - Treatment of Indigenous Australians

The Australian flagitious jurisprudence has not been viewed as cultur whollyy neutral in its treatment of indigenous Australians in the past, and, as is evident through mandatory sentencing laws in Western Australia and the due north Territory, continues to be racially biased, discriminatory and disproportionately strict in its treatment of Aboriginal Australians. OBJECTIVES OF THE CRIMINAL LAW The ultimate workency of criminal law is to protect the community from crime. But there ar many other relevant considerations. Community justification is a primary consideration in sentencing , but it go forth be weighed against the personal characteristics and circumstances of the offence and the offender . The common law does not sanction arbitrary time lag. It requires proportionality between the degree of detention and the gravity of the crime . incomplete does it sanction limp detention. It does not accept excessive periods of detention for the sole decision of protect ing the community from repeat offenders. Indeed, bondage is generally considered a sentence of last resort and a court will generally strive to impose the marginal sentence undeniable to protect the community.

To some extent these principles hasten special application in relation to children and, given the considerations above, courts tend to take a more lenient approach in cases involving minors (However, the offenders duration and criminal record and the seriousness and preponderance of the offence be mitigating factors.) MANDATORY SENTENCING: OUTLINE Mandatory sentencing direction that the Parliament , by legislation, sets a contingent sentenc! e, or a borderline as well as a maximum sentence, for a particular offence. The result is to contract some or all of the traditional discretion of resolve to determine what sentence should be imposed on the offender. The judgment of mandatory sentencing is not reinvigorated: in the eighteenth and primordial nineteenth centuries, there were a number of offences for which parliaments in England and New...If you necessity to get a bounteous essay, order it on our website: BestEssayCheap.com

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