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Evaluate The Effectiveness Of Sentencing Essay

945 Words4 Pages

Evaluate the effectiveness of sentencing and punishment as a means of achieving justice.

The Australian criminal justice system is moderately effective in relation to sentencing and punishment as a means of achieving justice for offenders, victims and society. Sentencing and punishment is a key process utilised to enforce legislation, resolving and deterring criminal actions. Its effectiveness in upholding the interests of society is determined by the ability of enforcement to consider specific and general deterrence, retribution, rehabilitation and incapacitation. The range of penalties are an highly effective means of attaining justice as they balance the rights of parties through considering mitigating and aggravating factors of a case.

The criminal justice system is highly effective in achieving justice through utilising …show more content…

Maximum penalties that can be imposed by the judge are usually decided by parliament and outlined in the legislation that contains the offence such as the Crimes Act 1900 (NSW), which limits judicial discretion to ensure fairness as consistency in sentencing is achieved. This is demonstrated in s59 of Crimes Act 1900 (NSW) as an offender found guilty of assault occasioning actual body harm is liable to 5 years imprisonment. To further encourage fairness, a judge can impose a lesser penalty when considering aggravating and mitigating factors prescribed in s21A of Crimes (Sentencing Procedure) Act 1999. Mitigating factors such as the offender showing remorse, was of good character or had no prior convictions render the offence less severe and are typically introduced by the defence. This is exemplified in McCartney v R 2009 NSWCCA, involving intoxicated non-consensual sexual activity which led to

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