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Still plucking figures out of the air? Markarian and the affirmation of the instinctive synthesis

Edney, Richard 2005, Still plucking figures out of the air? Markarian and the affirmation of the instinctive synthesis, High Court quarterly review, vol. 1, no. 2, pp. 50-57.


Title Still plucking figures out of the air? Markarian and the affirmation of the instinctive synthesis
Author(s) Edney, Richard
Journal name High Court quarterly review
Volume number 1
Issue number 2
Start page 50
End page 57
Publisher Sandstone Academic Press
Place of publication Melbourne, Vic.
Publication date 2005-07
ISSN 1449-9037
Keyword(s) Australia. High Court of Australia -- powers and duties
sentencing guidelines -- laws, regulations and rules
criminal law -- case studies
Summary The High Court of Australia recently had the opportunity to reconsider the appropriate sentencing methodology to be adopted in the sentencing of offenders under Australian criminal law in the case of Markarian v The Queen. The High Court had to decide whether to continue with the instinctive synthesis approach to sentencing or a process that exposed in greater clarity the basis upon which sentencing was to occur. Ultimately, a majority of the Court favoured the continuance of the instinctive synthesis approach to sentencing in criminal cases. The article will consider the decision in Markarian and the implications that it will have for the sentencing of offenders in the States and Territories of Australia.
Language eng
Field of Research 180110 Criminal Law and Procedure
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2005, Sandstone Academic Press
Persistent URL http://hdl.handle.net/10536/DRO/DU:30003456

Document type: Journal Article
Collection: School of Law
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