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

journal contribution
posted on 2005-07-01, 00:00 authored by R Edney
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.

History

Journal

High Court quarterly review

Volume

1

Issue

2

Pagination

50 - 57

Publisher

Sandstone Academic Press

Location

Melbourne, Vic.

ISSN

1449-9037

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2005, Sandstone Academic Press

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