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The Pros And Cons Of Mandatory Sentencing

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Mandatory sentencing occurs when a crime is committed and a required sentence must be provided from the magistrate or judge. Normally, a required sentence sets a minimum sentence. If it deems it appropriate, a court can still impose a sentence that is longer than the maximum penalty and sometimes, it is also mandatory for a court to order that prison sentences be served one after the other (cumulatively), and not at the same time (concurrently). In Queensland serious repeat child sex offenders receive a mandatory sentencing of life imprisonment, this means if a child sex offender has previously been convicted and is caught again after their 1st sentence is over, they must receive a minimum sentence of life imprisonment.

1.2 Purpose
The …show more content…

By analysing case laws, current features, concepts, principles and processes including current legislation, case law, punishment and processes and the views of stake holders and their consequences it can be determined if mandatory sentencing is fair and present 2 legal alternatives. In the end on 1 reform for the current legislation can be decided.

2.0 Nature and scope

A child sex offence occurs when a child is used by an adult or an older adolescent for sexual stimulation. ‘The Australian Child Maltreatment Study (ACMS), the first nationally representative study of child maltreatment rates, found that 28.5% of Australians experienced child sexual abuse’(Bravehearts, 2023). Obviously, the percentage in Queensland is not as high but it is still a good chunk of that percentage. This legal issue is significant because it effects such a high percentage of Queenslanders, sexual assault against a child is a serious crime especially as children do not know how …show more content…

This still holds the offender accountable while giving the judge judicial discretion. It allows for a fair and just outcome for everyone.

5.2 implications
The positive outcomes from this recommendation would be the fact that it takes society’s need for order and allows for the rights of the victims, accused, individual and society. The consequences involved could be an unfair sentence. Although the minimum sentence would be enough for a minor offence, if the judge has a bias an offender could get of a lot easier even with the circumstances. This could happen because it has occurred previously in courts before. Consider the fact that this is a recommendation not a solution. The offender, the victims, society, and previous offenders could all be impacted.

6.0

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