Sentencing in Australia

Sentencing in Australia provides an up-to-date explanation of sentencing law and practice in all nine Australian jurisdictions.

Sentencing is the area of law which consumes most court of appeal work and this title satisfies the need for a thorough and coherent treatment of this complex subject, which involves a wide range of complex and interacting factors.

In this new work, lawyer and academic Mirko Bagaric and barrister Richard Edney consider the law across Australia. They examine existing practice and provide extensive analysis of the objectives of sentencing, in the form of incapacitation, deterrence, rehabilitation and proportionality.

The work systematically and comprehensively covers key mitigating and aggravating factors and the considerations which strongly influence sentencing determinations.

Homicide, self-defence and the (inchoate) criminology of battered women

Law reform is increasingly underpinned by empirical research. This is clearly evident in contemporary reform of the laws of self-defence and homicide. These reforms have been motivated largely by concern for battered women who kill their abusive partners. An extensive body of empirical criminological research has been utilised to identify bias in the operation of the traditional law of homicide and self-defence and has been relied upon by many law reform bodies. This article identifies and evaluates the "implicit criminology" constituted by these empirical studies. Five matters that have formed the backdrop to contemporary reform are investigated: the origins of the law of murder; the operation of the law of self-defence; the historical utilisation of mental state defences by battered women; the circumstances in which battered women kill their abusers; and the trial as a key location for processing these offenders. It is argued that the implicit criminology that has driven reform of the law of homicide and self-defence is largely undeveloped or unsubstantiated. Despite the centrality of concern for battered defendants in much contemporary discussion in criminology and the criminal law, it appears that there is still substantial research to be done to clarify the circumstances in which victims of chronic violence kill their abusive partners, how these defendants experience the law and the availability of self-defence to them. What seems to have been established may be more complex, contingent and inchoate than previously acknowledged.

Australian police officers' perceptions of sex offender registries

Sex offender registration schemes exist in most English speaking countries to assist police in the investigation of new crimes and to deter known offenders. To date, however, very little research has examined the efficacy of these registers. This study addresses this issue by providing the first qualitative analysis of police officers' perceptions of registration schemes. Twenty-four Australian police professionals (whose jobs were primarily associated with the operation of sex offender registration schemes) participated in focus groups in groups of 2–5 officers. Officers were recruited across three jurisdictions where quite distinct registration schemes operated. They were asked to reflect on how their register operates, how effective and efficient it is, the challenges faced in its administration and how the registry process might be improved. The key challenges addressed included; limitations in risk assessment expertise, restriction in legislative powers, and inadequate opportunity for specialisation. The implications for current practice are discussed.

A direct insight into victims of cybercrime

With increasing popularity and 1.9 billion cumulative registered accounts, virtual worlds are seeing an increase in a cybercrime named Virtual Property Theft. Currently, there is no data available on victim's perception of reasons for this theft. In this study, the authors aim to identify these reasons, and fill the need for a deeper understanding of VPT. This study used a survey including questions on virtual property ownership, theft, recovery and security. This survey is the first to report the views of victims of theft and remarkably showed although users are aware of offenders and have adequate security knowledge, 23% still become victims. This highlights that cyber criminals have found loopholes in existing security systems. Finally, given the continual growth of virtual worlds, it is essential to develop new policies and effective regulations. In this paper we will discuss the most critical survey results relating to security and provide statistical analysis.

Reintegration: The contribution of offence, offender and respondent factors

Community attitudes toward offender reintegration, in particular sex offenders, were investigated. Findings revealed the public are more supportive of reintegrative policies than they are willing to be involved in the reintegration process. Predictors of reintegrative attitudes were also investigated with a belief in redeemability found to be the strongest predictor.

Violent offending, masculinity and age: exploring the role of developmental processes in adulthood

While the link between violent crime and masculinity is often implicitly assumed, to date, research has not specifically investigated beliefs about violence and masculinity at different stages of the adult life-course. This thesis explored the role of maturational processes in the way beliefs about masculinity and violence may differ in early and middle adulthood. Results of a quantitative study did not uncover statistically significant differences between younger and older adult violent offenders on a measure of criminal thinking. However, results of an interpretative phenomenological analysis indicated that beliefs about masculinity may differentially influence violent crime at different stages of adulthood. The results of these two studies provide a foundation for arguing that beliefs about violence and masculinity change throughout the life-course, and that masculinity in particular may be important treatment target in contemporary rehabilitation programs.

The implications of jail time discounting for court sentences

Specific and marginal general deterrence are being increasingly discredited as useful sentencing objectives. One reason is that offenders discount jail time, sometimes quite substantially. As a consequence, there is a significant difference between the court's sentence and the effective penalty. The latter is the offender's perceived duration of the time in jail. Discount rates, which perhaps can be thought of as a measure of acclimatisation to the prison experience, potentially weaken considerably the likelihood of successfully attaining the objective of specific deterrence. In addition, since jail time discount rates increase as the sentence length increases, punishment burden increases less than proportionately. This means that successfully achieving marginal deterrence is even more problematical. Using New South Wales data for three different offences, mean estimates of jail time discount rates are obtained, and then used to adjust downwards court sentences and estimate their effective equivalents. Effective sentence elasticities are then computed to gauge the impact of sentence doubling. Very low values are obtained. The critical implications for sentencing suggested by this study are, first, that absolute general deterrence and specific deterrence are realistic sentencing objectives. Marginal deterrence, however, does not seem to be attainable, given the ubiquity of positive time preference. Secondly, subject to the proportionality constraint, relatively shorter sentences are likely to be more punitive than longer ones, and therefore more effective as specific deterrents.

Breaker Morant's split personality: Australian male identity through opposing eyes

Breaker Morant was born in a workhouse to a widow. In Australia, he attempted to overcome the stigma associated with the British workhouse system by creating an alternative identity as a gentleman, a soldier and an Australian poet, but he died as a criminal convicted for murdering captured Boers.

Problems of implementing offender programs in the community

Rehabilitation of offenders is, at present, an important focus among many correctional departments. A substantial body of international research literature now exists to guide the design and development of new programs that aim to reduce re-offending. However, successful implementation of these programs has been challenging for many correctional authorities. Drawing on the experience of a community correctional agency in Australia, this paper identifies and examines a number of barriers to successful delivery of community-based offender rehabilitation programs and services. The findings suggest that basing interventions on scientific knowledge about “what works” in offender rehabilitation is necessary but not sufficient for effective programs and services. More careful attention needs to be paid to how correctional authorities can take this research and implement it in practice.

Policing services with mentally ill people : developing greater understanding and best practice

Although it is now well known that there is a disproportionate number of people with mental illnesses in the criminal justice system, surprising little attention has been paid to the challenges faced by policing people with mental illnesses in the community. This article provides an overview of some of the key findings from a programme of research undertaken in Victoria to further understand and develop a best practice model at this interface. The areas covered will include the prevalence of psychiatric symptoms and mental illnesses among police cell detainees; the existing knowledge base and attitudes of police towards mentally ill people; the relationship between mental illness and offending; the frequency and nature of police apprehensions of mentally ill people under the Mental Health Act; the association among mental disorder, police shootings, and other injuries to people as a result of these encounters; and police interactions with victims of crime. The work highlights the need for ongoing improvements in policing people with mental illnesses, and particularly the need for improved inter-agency practices for dealing with them.

Correlates of criminal victimisation among police cell detainees in Victoria, Australia

People with mental illness are more likely to be crime victims than others; however, little is known about the relationship between offending and victimisation among mentally ill offenders. This study investigated the rates and types of victimisation among people detained in police cells (N = 764), with and without histories of mental illness. Those with mental disorders were 1.56 times (95% CI = 1.11–2.17) more likely to be victims of violent crimes than other detainees. Some subgroups of people with mental disorders were not over-represented as victims, raising the possibility that they were less inclined to report certain types of crimes. Implications are discussed with reference to police practice.

The short anger measure: development of a measure to assess anger in forensic populations

In this brief report, we describe the development of a brief measure of anger that may be used by nurses and other professionals to assess anger and changes in anger with male offenders. The Short Anger Measure, a 12-item self-report measure of angry feelings and aggressive impulses, was administered to 73 male offenders. The measure showed sound psychometric properties (internal consistency reliability, test–retest reliability) and concurrent validity with an established measure of anger. The potential use of the measure by nurses working in forensic settings is discussed.