- Grade: HSC
- Subject: Legal Studies
- Resource type: Essay
- Written by: Danielle
- Year uploaded: 2020
- Page length: 3
- Subject: Legal Studies
Resource Description
The sentencing and punishment of offenders, aims to balance the interests of the victim, offender and society at large. Judicial discretion plays a significant role in the sentencing and punishment of offenders. These include; statutory guidelines and judicial guidelines which aim to provide greater uniformity in sentencing matters whilst informing the limits of discretion. The judge’s consideration of aggravating factors, mitigating factors and the victim impact statements exemplify the significant role of discretion. However, the role of discretion is diminished by mandatory minimum sentencing. Thus, discretion continues to play a major role in the sentencing and punishment of offenders.
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