LAWS398 Lecture Notes - Lecture 5: Guideposts, Intellectual Disability, Mitigating Factor

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAWS398
• Professor: Sonya Willis

Document Summary

Lecture outline: purposes of sentencing, principles of sentencing, the process, sentencing options. No clear or direct understanding as to why we punish people, but there are two main schools of thought in regard to punishment it is however a subjective matter and is dependent on an individual thought process. Concerned only with the likely future consequences of imposing punishment. Commencing on 1 february 2003, section 3a was inserted into the crimes (sentencing. 3a purposes of sentencing (retributive school of thought) 21a aggravating, mitigating and other factors in sentencing. Sentence that is decided upon is completed dependent on the school of thought chosen by the sentencing judge. No hierarchy or legislative process to deciding which sentencing approach is taken. Veen (no 2) (1988) 164 clr 456, 476. The man died with over 50 stab wounds: 1983: stabbed a man who had invited him into his flat to engage in intercourse.