AUSTRALIAN CRIMINAL SENTENCING

INTRODUCTION

Common law sentencing principles are applied when criminal offenders are sentenced in Australian courts.
The common law principles are supplemented by State and Federal statutes.

Primary Principles

• Veen v. R. (No. 2) (1988) 164 CLR 465
  Proportionality. Fitting the crime and the punishment.
  
• Lowe v. R. (1984) 154 CLR 606
  Disparity. Similar treatment of similar offenders.
  
• Mill v. R. (1988) 166 CLR 59
  Totality. Multiple offences by one offender.
  
• Indigenous offender caselaw

Watch Austlii for Postiglione v R, currently reserved for decision. High Court of Australia.

Relevant statutes, including Crimes Acts, Criminal Law Consolidation Acts, and Sentencing Acts, are online at Austlii and ScalePlus.

Relevant South Australian Acts are listed in the "Help Zone" on the ALRM pages.

Secondary Sources

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Updated April 15, 1997