This chapter examines the sentencing principles and practices that have emerged in Victoria since... more This chapter examines the sentencing principles and practices that have emerged in Victoria since the abolition of the partial defence. In Victoria, we could find only a small number of cases of sentencing for murder where provocation was overtly discussed in the sentencing remarks. The relatively few sentencing remarks in other Australasian jurisdictions where the partial defence has been abolished are also noted. In particular, we examine the gender and family relationships of the defendant and the victim, the nature of the provocative conduct, the extent to which ‘old law’ concepts have been invoked, how the question of justification has been dealt with in relation to victims exercising their lawful/equality rights and whether there have been any changes in sentencing practices attributable to these changes
This report examines whether sentencing influences subsequent reoffending.IntroductionAn importan... more This report examines whether sentencing influences subsequent reoffending.IntroductionAn important aspect of the Sentencing Advisory Council’s work is examining the effects of sentencing on an offender’s subsequent behaviour. This is one element of the more general question of whether, and to what extent, sentencing can achieve its various purposes. Information about the effects of sentencing should inform decision-making in relation to sentencing policy and practice.In order to provide this information, the Council has developed a database to examine the nature and extent of reoffending following sentencing in Victoria.This report uses statistical techniques to estimate the effect of each of a number of variables on the likelihood of reoffending. The variables include the type of sentence imposed for the initial offence as well as factors such as the offender’s age, gender and criminal history. These techniques enable an examination of whether sentencing has an effect on reoffending in Victoria and if it does:how the effect of sentencing compares with the effects of other factors; and the extent to which this varies according to the type of sentence imposed
In July 2006 the Sentencing Advisory Council released a research paper entitled Myths and Misconc... more In July 2006 the Sentencing Advisory Council released a research paper entitled Myths and Misconceptions: Public Opinion versus Public Judgment about Sentencing (Gelb, 2006). The paper represented the culmination of a year-long project that was designed to examine and critically evaluate the current state of knowledge about public opinion on sentencing, as well as the methodological issues surrounding how public opinion is measured.
In October 2017, the Queensland Sentencing Advisory Council (QSAC) received a Terms of Reference ... more In October 2017, the Queensland Sentencing Advisory Council (QSAC) received a Terms of Reference from the Attorney-General and Leader of the House to examine community-based sentencing orders, imprisonment and parole options. This reference was made in response to recommendations made in the recent review of Queensland’s parole system (Sofronoff, 2016). In particular, QSAC was tasked with considering recommendations 2-5 of the report (Sofronoff, 2016, p. 23): • Recommendation 2: Court ordered parole should be retained. • Recommendation 3: A court should have the discretion to set a parole release date or a parole eligibility date for sentences of greater than three years where the offender has served a period of time on remand and the court considers that the appropriate further period in custody before parole should be no more than 12 months from the date of sentence. • Recommendation 4: A suitable entity, such as the Sentencing Advisory Council, should undertake a review into sent...
In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove... more In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove his car into pedestrians on Melbourne's Bourke Street mall in an apparently deliberate attack. In the aftermath, community shock turned to outrage when it emerged that Gargasoulas had been released by a Victorian bail justice only days before. Within days, the Victorian Government announced changes to the State's bail system, as well as a major review of Victoria's bail laws, to be undertaken by former Director of Public Prosecutions, Justice Paul Coghlan, currently a judge in the Victorian Court of Appeal. Following the Coghlan review, Victoria's bail laws are arguably the most onerous in Australia. This article presents a discussion of recent reforms to bail laws around Australia. It argues that amendments to bail legislation across the country reflect shifting views on the purposes of bail and the principles underlying the bail system.
A plea of guilty is a long-accepted factor mitigating sentence in many countries, including Austr... more A plea of guilty is a long-accepted factor mitigating sentence in many countries, including Australia, although academic debate over the merits and application of the discount is ongoing. This paper presents findings from a national Australian study on public opinion on the guilty plea sentencing discount, with a particular focus on sexual offences. Survey data were drawn from 989 jurors in cases that resulted in a guilty verdict and 450 unempanelled jurors and 306 online respondents who were provided with vignettes based on real cases. A third of the respondents would have supported a discount in their case if the offender had pleaded guilty. In contrast, more than one half of the respondents surveyed, who had received a vignette with a guilty plea scenario, supported an increment in sentence if the offender had gone to trial. There was more support for a discount in cases involving non-sexual violent offences versus sexual offences and adult versus child victims. Where a discount ...
Although formal sentencing guideline schemes are most developed in the United States, England and... more Although formal sentencing guideline schemes are most developed in the United States, England and Wales, a number of other countries have created sentencing bodies to undertake a variety of functions. Sentencing councils and commissions have become an important element of the contemporary punishment environment. This article compares and contrasts the functions of a number of representative sentencing councils and commissions, including the Minnesota Sentencing Guidelines Commission and the United States Sentencing Commission, among others, to examine how such bodies supplement the work of courts and government departments. Ultimately, the article presents some conclusions about the optimal characteristics for such a council
This chapter examines the sentencing principles and practices that have emerged in Victoria since... more This chapter examines the sentencing principles and practices that have emerged in Victoria since the abolition of the partial defence. In Victoria, we could find only a small number of cases of sentencing for murder where provocation was overtly discussed in the sentencing remarks. The relatively few sentencing remarks in other Australasian jurisdictions where the partial defence has been abolished are also noted. In particular, we examine the gender and family relationships of the defendant and the victim, the nature of the provocative conduct, the extent to which ‘old law’ concepts have been invoked, how the question of justification has been dealt with in relation to victims exercising their lawful/equality rights and whether there have been any changes in sentencing practices attributable to these changes
This report examines whether sentencing influences subsequent reoffending.IntroductionAn importan... more This report examines whether sentencing influences subsequent reoffending.IntroductionAn important aspect of the Sentencing Advisory Council’s work is examining the effects of sentencing on an offender’s subsequent behaviour. This is one element of the more general question of whether, and to what extent, sentencing can achieve its various purposes. Information about the effects of sentencing should inform decision-making in relation to sentencing policy and practice.In order to provide this information, the Council has developed a database to examine the nature and extent of reoffending following sentencing in Victoria.This report uses statistical techniques to estimate the effect of each of a number of variables on the likelihood of reoffending. The variables include the type of sentence imposed for the initial offence as well as factors such as the offender’s age, gender and criminal history. These techniques enable an examination of whether sentencing has an effect on reoffending in Victoria and if it does:how the effect of sentencing compares with the effects of other factors; and the extent to which this varies according to the type of sentence imposed
In July 2006 the Sentencing Advisory Council released a research paper entitled Myths and Misconc... more In July 2006 the Sentencing Advisory Council released a research paper entitled Myths and Misconceptions: Public Opinion versus Public Judgment about Sentencing (Gelb, 2006). The paper represented the culmination of a year-long project that was designed to examine and critically evaluate the current state of knowledge about public opinion on sentencing, as well as the methodological issues surrounding how public opinion is measured.
In October 2017, the Queensland Sentencing Advisory Council (QSAC) received a Terms of Reference ... more In October 2017, the Queensland Sentencing Advisory Council (QSAC) received a Terms of Reference from the Attorney-General and Leader of the House to examine community-based sentencing orders, imprisonment and parole options. This reference was made in response to recommendations made in the recent review of Queensland’s parole system (Sofronoff, 2016). In particular, QSAC was tasked with considering recommendations 2-5 of the report (Sofronoff, 2016, p. 23): • Recommendation 2: Court ordered parole should be retained. • Recommendation 3: A court should have the discretion to set a parole release date or a parole eligibility date for sentences of greater than three years where the offender has served a period of time on remand and the court considers that the appropriate further period in custody before parole should be no more than 12 months from the date of sentence. • Recommendation 4: A suitable entity, such as the Sentencing Advisory Council, should undertake a review into sent...
In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove... more In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove his car into pedestrians on Melbourne's Bourke Street mall in an apparently deliberate attack. In the aftermath, community shock turned to outrage when it emerged that Gargasoulas had been released by a Victorian bail justice only days before. Within days, the Victorian Government announced changes to the State's bail system, as well as a major review of Victoria's bail laws, to be undertaken by former Director of Public Prosecutions, Justice Paul Coghlan, currently a judge in the Victorian Court of Appeal. Following the Coghlan review, Victoria's bail laws are arguably the most onerous in Australia. This article presents a discussion of recent reforms to bail laws around Australia. It argues that amendments to bail legislation across the country reflect shifting views on the purposes of bail and the principles underlying the bail system.
A plea of guilty is a long-accepted factor mitigating sentence in many countries, including Austr... more A plea of guilty is a long-accepted factor mitigating sentence in many countries, including Australia, although academic debate over the merits and application of the discount is ongoing. This paper presents findings from a national Australian study on public opinion on the guilty plea sentencing discount, with a particular focus on sexual offences. Survey data were drawn from 989 jurors in cases that resulted in a guilty verdict and 450 unempanelled jurors and 306 online respondents who were provided with vignettes based on real cases. A third of the respondents would have supported a discount in their case if the offender had pleaded guilty. In contrast, more than one half of the respondents surveyed, who had received a vignette with a guilty plea scenario, supported an increment in sentence if the offender had gone to trial. There was more support for a discount in cases involving non-sexual violent offences versus sexual offences and adult versus child victims. Where a discount ...
Although formal sentencing guideline schemes are most developed in the United States, England and... more Although formal sentencing guideline schemes are most developed in the United States, England and Wales, a number of other countries have created sentencing bodies to undertake a variety of functions. Sentencing councils and commissions have become an important element of the contemporary punishment environment. This article compares and contrasts the functions of a number of representative sentencing councils and commissions, including the Minnesota Sentencing Guidelines Commission and the United States Sentencing Commission, among others, to examine how such bodies supplement the work of courts and government departments. Ultimately, the article presents some conclusions about the optimal characteristics for such a council
This report is the product of a review commissioned by the Queensland Government to develop optio... more This report is the product of a review commissioned by the Queensland Government to develop options for the reinstatement of a drug court in Queensland and the development of an overarching framework for Queensland’s specialist courts and court programs.
The report aimed to develop a comprehensive criminal justice model that identifies a range of interventions from the time of first contact with police, to arrest, summons and bail, conviction and sentence through to release on parole. It recognised that while drug courts are an important part of the criminal justice continuum, they are only one of a number of responses to the extensive problem of substance abuse-related crime.
The report identified the demand for alcohol and other drug criminal justice interventions in Queensland, the drug treatment services provided in that state and proposed a number of foundational principles that should underpin the range of criminal justice interventions. It examined the conceptual foundations that that underpin an assessment and treatment framework, the assessment and treatment of individuals with alcohol and other drug issues in Queensland, the range of dispositional options available for offenders with drug and alcohol issues, discussed whether drug courts work, and for whom, provides an overview of best practice standards for drug court and proposes a new drug court model for Queensland.
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Papers by Karen Gelb
The report aimed to develop a comprehensive criminal justice model that identifies a range of interventions from the time of first contact with police, to arrest, summons and bail, conviction and sentence through to release on parole. It recognised that while drug courts are an important part of the criminal justice continuum, they are only one of a number of responses to the extensive problem of substance abuse-related crime.
The report identified the demand for alcohol and other drug criminal justice interventions in Queensland, the drug treatment services provided in that state and proposed a number of foundational principles that should underpin the range of criminal justice interventions. It examined the conceptual foundations that that underpin an assessment and treatment framework, the assessment and treatment of individuals with alcohol and other drug issues in Queensland, the range of dispositional options available for offenders with drug and alcohol issues, discussed whether drug courts work, and for whom, provides an overview of best practice standards for drug court and proposes a new drug court model for Queensland.