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Sentencing: from vagueness to arbitrariness - the need to abolish the stain that is the instinctive synthesis

Bagaric, Mirko 2015, Sentencing: from vagueness to arbitrariness - the need to abolish the stain that is the instinctive synthesis, University of New South Wales law journal, vol. 38, no. 1, pp. 72-109.

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Title Sentencing: from vagueness to arbitrariness - the need to abolish the stain that is the instinctive synthesis
Author(s) Bagaric, Mirko
Journal name University of New South Wales law journal
Volume number 38
Issue number 1
Start page 72
End page 109
Total pages 38
Publisher University of New South Wales, Faculty of Law
Place of publication Sydney, N.S.W.
Publication date 2015
ISSN 0313-0096
1839-2881
Summary Criminal sanctions involve the deliberate infliction of hardship on offenders. In sentencing, the state acts in its most coercive and decisive manner: ‘the state may use its most awesome power: the power to use force against its citizens and others’. Despite the importance of the interests at stake in the sentencing realm,sentencing is arguably the least coherent, predictable and principled area of law. The High Court of Australia has not facilitated attempts to inject clarity and precision into sentencing determinations. It has repeatedly endorsed the ‘instinctive synthesis’ approach to sentencing, emphasising the need for ‘individual justice’ over the need for transparency and a step-wise systematic approach to sentencing.
Language eng
Field of Research 180110 Criminal Law and Procedure
Socio Economic Objective 940405 Law Reform
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Persistent URL http://hdl.handle.net/10536/DRO/DU:30070617

Document type: Journal Article
Collection: Law
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Created: Thu, 12 Mar 2015, 13:11:07 EST

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