Report on Mandatory Sentences - Law Reform Commission

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Pg N o . Criminal Code Act 1899 (Qld) Aus 113 Criminal Code Act 1924 (Tas) No 69 of 1924 Aus 112 Criminal Code Act 1995 (CW) No 12 of 1995 Aus 112 Criminal Justice (Drug Trafficking) Act 1996 No 29 of 1996 Irl 77 Criminal Justice (Northern Ireland) Order 2008 No 1216 of 2008 NI 56 (NI 1) Criminal Justice (Public Order) Act 1994 No 2 of 1994 Irl 88 Criminal Justice (Scotland) Act 2003 2003 asp 7 Scot 57 Criminal Justice (Temporary Release of Prisoners) No 34 of 2003 Irl 103 Act 2003 Criminal Justice (Theft and Fraud Offences) Act No 50 of 2001 Irl 9 2001 Criminal Justice Act (Northern Ireland) 1966 c 20 NI 55 Criminal Justice Act 1948 c 58 Eng 91 Criminal Justice Act 1951 No 2 of 1951 Irl 103 Criminal Justice Act 1960 No 27 of 1960 Irl 103 Criminal Justice Act 1964 No 5 of 1964 Irl 59 Criminal Justice Act 1967 c 80 Eng 91 Criminal Justice Act 1988 c 33 Eng 150 Criminal Justice Act 1990 No 16 of 1990 Irl 10 Criminal Justice Act 1991 c 53 Eng 73 Criminal Justice Act 1999 No 10 of 1999 Irl 30 Criminal Justice Act 2003 c 44 Eng 51 Criminal Justice Act 2006 No 26 of 2006 Irl 79 Criminal Justice Act 2007 No 29 of 2007 Irl 80 Criminal Justice and Licensing (Scotland) Act 2010 asp 13 of 2010 Scot 152 Criminal Law (Rape) (Amendment) Act 1990 No 32 of 1990 Irl 9 Criminal Law (Sentencing) Act 1988 (SA) Aus 201 Criminal Law Act 1997 c 14 Irl 96 Criminal Law Amendment (Homicide) Act 2008 No 29 of 2008 Aus 112 (WA) Criminal Law Consolidation Act 1935 (SA) No 2252 of 1935 Aus 113 Criminal Procedure (Scotland) Act 1995 c 46 Scot 57 Criminal Reform Amendment Act (No 2) 2006 (NT) No 34 of 2006 Aus 113 Defence Act 1954 No 18 of 1954 Irl 59 xiv
Pg N o . Domestic and Family Violence Act 2007 (NT) No 34 of 2007 Aus 199 Drug Trafficking Act 1994 c 37 Eng 75 Euro Changeover (Amounts) Act 2001 No 16 of 2001 Irl 78 European Convention on Human Rights Act 2003 No 20 of 2003 Irl 64 Fair Sentencing Act 2010 Pub. L. No. 111- US 73 Felony Firearm Law 1975 (Florida) US 82 Felony Firearm Statute 1977 (Mich) US 82 220 Firearms (Amendment) (Northern Ireland) Order 2005 No 1966 of 2005 (NI 16) NI 146 Firearms (Northern Ireland) Order 1981 No 3267 of 1992 NI 147 Firearms (Northern Ireland) Order 2004 No 702 of 2004 NI 146 (NI 3) Firearms Act 1925 No. 17 of 1925 Irl 3 Firearms Act 1964 No 1 of 1964 Irl 86 Firearms Act 1968 c 27 UK 84 Firearms and Offensive Weapons Act 1990 No 12 of 1990 Irl 86 Gun Control Act 1968 Pub. L. No. 90- US 81 Habitual Criminals Act 1869 c 69 UK 90 Habitual Felony Offender Act (Alabama) US 153 618 Harrison Act 1914 Ch 1, 38 Stat 785 US 70 Health and Safety etc at Work Act 1974 c 37 UK 27 Homicide Act 1957 c 11 UK 44 Human Rights Act 1998 c 42 UK 55 Human Rights Commission Act 2000 No 9 of 2000 Irl 98 Infanticide Act 1922 c 18 UK 42 Infanticide Act 1938 c 36 Eng 42 International Criminal Court Act 2006 No. 30 of 2006 Irl 42 Legal Aid, Sentencing and Punishment of Offenders c 10 UK 94 Act 2012 Life Sentences (Northern Ireland) Order 2001 No 2564 of 2001 NI 55 (NI 2) Migration Act 1958 (CW) No. 62 of 1958 Aus 165 Misuse of Drugs Act (NT) Aus 168 xv
Page 1 and 2: REPORT MANDATORY SENTENCES (LRC 108
Page 3 and 4: MEMBERSHIP The Law Reform Commissio
Page 5 and 6: ADMINISTRATION STAFF Head of Admini
Page 7 and 8: ACKNOWLEDGEMENTS The Commission wou
Page 9 and 10: TABLE OF CONTENTS TABLE OF LEGISLAT
Page 11: CHAPTER 5 (1) Presumptive Minimum S
Page 16 and 17: Pg N o . Misuse of Drugs Act 1971 c
Page 19 and 20: TABLE OF CASES Pg N o . Attorney Ge
Page 21 and 22: Pg N o . The People (DPP) v Barry T
Page 23 and 24: Pg N o . The People (DPP) v Kelly C
Page 25 and 26: INTRODUCTION A Background: Request
Page 27 and 28: sentences for offences committed wh
Page 29 and 30: 1 CHAPTER 1 CONCEPTUAL FRAMEWORK FO
Page 31 and 32: from loss of liberty is clearly evi
Page 33 and 34: 3. Criminal conduct will, in genera
Page 35 and 36: 1.19 In the context of preventing f
Page 37 and 38: and vocational programmes. 39 Suppo
Page 39 and 40: standards, recognising that these m
Page 41 and 42: he lost his post, pension and pay-r
Page 43 and 44: (i) Identifying the range of applic
Page 45 and 46: 1.58 In general, however, the court
Page 47 and 48: Thus, depending on the presence of
Page 49 and 50: matters. She lost interest in study
Page 51 and 52: of the person who must pay it. In t
Page 53 and 54: (9) Whether the offence was committ
Page 55 and 56: e put through the additional suffer
Page 57 and 58: (1) The Problem of a Lack of Struct
Page 59 and 60: conviction that restricted employme
Page 61 and 62: and to hold public seminars on matt
Page 63 and 64: A mechanism based on measures being
Page 65:
since 1996; and (iii) information i
Page 68 and 69:
which captured adverse public atten
Page 70 and 71:
compromise which failed to achieve
Page 72 and 73:
2.16 It may be recalled that the ma
Page 74 and 75:
y law and applicable in all cases w
Page 76 and 77:
ody under Article 5(4). As the Secr
Page 78 and 79:
irrespective of whether the sentenc
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2.45 In Attorney General for Northe
Page 82 and 83:
five years. This was made permanent
Page 84 and 85:
penalty or suspending it for an exp
Page 86 and 87:
protection from those with murderou
Page 88 and 89:
an application for release under Ar
Page 90 and 91:
2.87 The Supreme Court upheld the d
Page 92 and 93:
independent judicial body which wou
Page 94 and 95:
whether the life prisoner poses a c
Page 96 and 97:
offences became extremely unpopular
Page 98 and 99:
who rarely had large quantities of
Page 100 and 101:
2.124 The Crime (Sentences) Act 199
Page 102 and 103:
and suppliers. 300 It was proposed
Page 104 and 105:
Bill which would, among other matte
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(2) Mandatory Sentences for Firearm
Page 108 and 109:
(b) England and Wales 2.154 In 2002
Page 110 and 111:
filtered into the public domain. Th
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now applied to a range of drug and
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D Historical Evolution of Mandatory
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supervision should be liable to one
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“These are unduly weak provisions
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offender is being sentenced for any
Page 122 and 123:
2.208 Section 24 of the 2007 Bill p
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proportionality and judicial discre
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2.220 The Commission notes that an
Page 128 and 129:
the Prison Rules 2007. 5 This mecha
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the case of a prisoner serving a ma
Page 132 and 133:
e released. These recommendations w
Page 134 and 135:
considers that the seriousness of t
Page 136 and 137:
then adjusted to reflect the aggrav
Page 138 and 139:
3.37 In three jurisdictions (the No
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(8) Summary 3.43 From this survey,
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(b) The Principle of Proportionalit
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equirements of Article 5(1) were sa
Page 146 and 147:
cannot reflect these variations in
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process. In particular, considerati
Page 151 and 152:
4 CHAPTER 4 PRESUMPTIVE MINIMUM SEN
Page 153 and 154:
(b) Importation 4.08 The first elem
Page 155 and 156:
creates a risk of arbitrary and unj
Page 157 and 158:
This permits the court to presume,
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should apply. Thus, it has been not
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injury. 66 An admission voluntarily
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4.44 Section 27(3D)(c)(i) provides
Page 165 and 166:
(4) Drug Mules 4.52 The Commission
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used, and (b) a vehicle the means o
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(i) Have 4.74 The meaning of the te
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Misuse of Drugs Act 1977, material
Page 173 and 174:
endanger life or cause serious dama
Page 175 and 176:
“appropriate custodial term”, w
Page 177 and 178:
offensive weapon or an article with
Page 179 and 180:
4.117 Minimum sentences are also pr
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identity theft; 257 (v) certain gan
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examinations; 282 (xv) stalking in
Page 185 and 186:
in Schedule I or Schedule II to the
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possession of a weapon obtained by
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of age. 355 Second, the following o
Page 191 and 192:
ecent years, it would appear that t
Page 193 and 194:
custodial sentence in circumstances
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to commit an indictable offence. 41
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4.183 Section 297 of the Criminal C
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offences. aims. It is arguable, how
Page 201 and 202:
analysis suggested, among other thi
Page 203 and 204:
4.210 Third, the Commission observe
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4.224 In Chapter 1, the Commission
Page 207:
eneficial” response to other form
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while under the age of 18 years, bu
Page 212 and 213:
C Mandatory Sentence for a Second o
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institution. For the purposes of th
Page 216 and 217:
5.37 Subject to certain conditions,
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operates retrospectively in so far
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the perpetrator has a previous conv
Page 222 and 223:
(iv) Federal Government 5.58 At fed
Page 224 and 225:
(f) Australia 5.65 Certain Australi
Page 226 and 227:
coerced the offender to commit the
Page 228 and 229:
5.79 Division 2A of the Criminal La
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would be manifestly unjust. If the
Page 232 and 233:
deterrent effect of mandatory sente
Page 234 and 235:
treat dissimilar cases differently.
Page 236 and 237:
and have therefore been discussed,
Page 239 and 240:
6 CHAPTER 6 SUMMARY OF RECOMMENDATI
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