Narratives of mitigation : sentencing Indigenous criminal defendants in South Australia’s Higher Courts

In their statistical analyses of higher court sentencing in South Australia, Jeffries and Bond (2009) found evidence that Indigenous offenders were treated more leniently than non-Indigenous offenders, when they appeared before the court under similar numerical circumstances. Using a sample of narratives for criminal defendants convicted in South Australia’s higher courts, the current article extends Jeffries and Bond’s (2009) prior statistical work by drawing on the ‘focal concerns’ approach to establish whether, and in what ways, Indigeneity comes to exert a mitigating influence over sentencing. Results show that the sentencing stories of Indigenous and non-Indigenous offenders differed in ways that may have reduced assessments of blameworthiness and risk for Indigenous defendants. In addition, judges highlighted a number of Indigenous-specific constraints that potentially could result in imprisonment being construed as an overly harsh and costly sentence for Indigenous offenders.

An examination of the sentencing remarks of Indigenous and non-Indigenous criminal defendants in South Australia’s Higher Courts

Recent Australian research on Indigenous sentencing primarily explores whether disparities in sentencing outcomes exist. Little is known about how judges perceive or refer to Indigenous defendants and their histories, and how they interpret the circumstances of Indigenous defendants in justifying their sentencing decisions. Drawing on the ‘focal concerns’ approach, this study presents a narrative analysis of a sample of judges’ sentencing remarks for Indigenous and non-Indigenous criminal defendants convicted in South Australia’s Higher Courts. The analysis found that the sentencing stories of Indigenous and non-Indigenous offenders differed in ways that possibly reduced assessments of blameworthiness and risk for Indigenous defendants.

Measuring risk and blameworthiness in the sentencing of criminal defendants : an exploratory study in Western Australia's Higher Courts

The focal concern perspective dominates quantitative explorations of judicial sentencing. A critical argument underlying this perspective is the role of judicial assessments of risk and blameworthiness. Prior research has not generally explored how these two concepts fit together. This study provides an empirical test of the focal concerns perspective by examining the latent structure among the measures traditionally used in sentencing research, and investigates the extent to which focal concerns can be applied in a non-US jurisdiction. Using factor analysis (as suggested by prior research), we find evidence of distinct factors of risk and blameworthiness, with separate and independent effects on sentencing outcomes. We also identify the need for further development of the focal concerns perspective, especially around the role of perceptual shorthand.

Practice and Procedure: UCPR r 708 - costs order against several defendants and third party

Glenwood Homes Pty Ltd v Everhard [2008] QSC 192 involved the not uncommon situation where one costs order is made against several parties represented by a single firm of solicitors. Dutney J considered the implications when only some of the parties liable for the payment of the costs file a notice of objection to the costs statement served in respect of those costs.

UCPR 229 - defamation proceedings – damages to be assessed – application to interrogate as to defendant’s motive - implications of Defamation ACT 2005 - application to interrogate before action - when in the interests of justice

In Hogan v Ellery [2009] QDC 154 McGill DCJ considered two applications for leave to deliver interrogatories under r 229 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). The judgment provides useful analysis of the circumstances in which a plaintiff may obtain leave to deliver interrogatories to a defendant in defamation proceedings, and also to a non-party before action.

Before the Interstate Commerce Commission : City of Spokane ... [and others], petitioners and complainants, vs. Northern Pacific Railway Company ... [and others], defendants; Canadian Pacific Railway Company ... [and others], defendants by order of commission; Pacific Coast Jobbers & Manufacturers' Association ... [and others], intervenors : reply brief of petitioners and complainants /

Cover title.

United States of America, petitioner, v. Standard Oil Company of New Jersey et al., defendants.

At head of title: In the Circuit Court of the United States for the Eastern Division of the Eastern Judicial District of Missouri.

Arguments of the defendants' counsel, and the judgment of the Supreme Court, U.S., in the case of Vidal and another, complainants and appellants, versus the mayor, c., of Philadelphia, the executors of S. Girard, and others, defendants appellees [microform] : January term, 1844. : to which is added the will of Stephen Girard /

Vidal, et al., versus the city of Philadelphia -- Argument of Horace Binney, Esq., for defendants -- Argument of John Sergeant, Esq. -- Opinion, Supreme Court of the United States, January term, 1844 -- The will of the late Stephen Girard.

United States of America, petitioner, v. Standard oil company of New Jersey et al., defendants ...

Vol. 22 and vol. A [v. 23] contain the "Transcript of record" in this case on appeal to the Supreme court of the United States, October term, 1909, no. 725, and are printed by Judd & Detweiler (inc.), printers, Washington, D.C., 1910.

United States of America, petitioner, vs. American Can Company, et al, defendants. In equity no. 40. Brief for American Can Company ...

Unbound.

The people of the state of New York, compainants, vs. The state of New Jersey and Passaic Valley sewerage commissioners, defendants...

"Foreword", v.1, Signed: Board of estimate and apportionment.

Arguments of the defendants' counsel, and judgment of the Supreme court, U.S. in the case of Vidal and another, complainants and appellants, versus the mayor, &c. of Philadelphia, the executors of S. Girard, [et al.], defendants & appellees. January term, 1844. To which is added the will of Stephen Girard. Printed by order of the Commissioners of the Girard estates.

Mode of access: Internet.