LAWS398 Chapter Notes - Chapter 5: Crimes Act 1900, William Gummow, Arraignment
3 Aug 2020
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The hon j j spigelman ac, "consistency and sentencing" (2008) 82 australian law journal 450. Veen v the queen (no 2) (1988) 164 clr 465. Markarian v the queen (2005) 228 clr 357. You need only read the majority judgment of. "consistency and sentencing" (2008: allegations of inconsistency in sentencing are one of the perennials in debate about the criminal justice system. Such a process of balancing, in the words of justice scalia of the united states supreme court, is like asking whether a particular line is longer than a particular rock is heavy. In this respect judges will, at least to a certain degree, reflect the wide range of differing views on this very matter that exists in the general community. However, the range of permissible variation amongst judges is narrower than the range of actual variation in the general community. There is also a public interest dimension to ensuring consistency in sentencing.
