Report on Mandatory Sentences - Law Reform Commission

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Pg N o . Misuse of Drugs Act 1971 c 38 UK 75 Misuse of Drugs Act 1977 No 12 of 1977 Irl 10 Misuse of Drugs Act 1984 No 18 of 1984 Irl 76 Murder (Abolition of Death Penalty) Act 1965 c 71 UK 45 Narcotics Control Act 1956 Ch 629, s 103, US 70 70 Stat 567 Non-Fatal Offences Against the Person Act 1997 No 26 of 1997 Irl 9 Northern Ireland (Emergency Provisions) Act 1973 c 53 NI 55 Northern Ireland Act 1998 c 48 UK 56 Northern Ireland Act 1998 (Devolution of Policing No 976 of 2010 NI 56 and Justice Functions) Order 2010 Offences Against the Person Act 1861 c 100 Irl 9 Offences Against the State Act 1939 No 13 of 1939 Irl 16 Omnibus Anti-Drug Abuse Act 1988 US 72 Parole Act 2002 No 10 of 2002 NZ 114 Penal Servitude Act 1857 c 3 UK 90 Penal Servitude Act 1864 c 47 UK 90 Penalties and Sentences Act 1992 (Qld) No 48 of 1992 Aus 37 Persistent Offender Accountability Act 1994 c 1 US 89 Powers of Criminal Courts (Sentencing) Act 2000 c 6 Eng 75 Powers of Criminal Courts Act 1973 c 62 Eng 92 Prevention of Crime Act 1908 c 59 UK 91 Prevention of Crime Act 1953 c 14 E,W,S 150 Prevention of Crimes Act 1871 c 112 UK 91 Prevention of Crimes Act 1879 c 55 (42 & 43 UK 90 Vict) Prisoners and Criminal Proceedings (Scotland) Act c 9 Scot 57 1993 Probation of Offenders Act 1907 7 Edw. 7. Ch.17 UK 2 Proceeds of Crime Act 1996 No 30 of 1996 Irl 77 Road Traffic Act 1961 No 24 of 1961 Irl 140 Safe Streets and Communities Act SC 2012, c 1 Can 158 Safety, Health and Welfare at Work Act 1989 No 7 of 1989 Irl 26 Safety, Health and Welfare at Work Act 2005 No 10 of 2005 Irl 26 Scotland Act 1998 c 46 Scot 58 xvi
Pg N o . Sentencing (Amendment) Act 2007 No 27 of 2007 NZ 37 Sentencing Act 1991 (Vic) No 49 of 1991 Aus 201 Sentencing Act 1995 (NT) Aus 37 Sentencing Act 1995 (WA) No 76 of 1995 Aus 37 Sentencing Act 1997 (Tas) No 59 of 2007 Aus 113 Sentencing Act 2002 No 9 of 2002 NZ 37 Standing up for Victims of White Collar Crime Act SC 2011, c 6 Can 164 Transfer of Sentenced Persons Act 1995 No 16 of 1995 Irl 1 Treason Act 1939 No 10 of 1939 Irl 59 Uniform Determinate Sentencing Act 1976 US 82 Violent Crime Reduction Act 2006 c 38 UK 146 xvii
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 14 and 15: Pg N o . Criminal Code Act 1899 (Ql
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
Page 80 and 81:
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
Page 106 and 107:
(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
Page 112 and 113:
now applied to a range of drug and
Page 114 and 115:
D Historical Evolution of Mandatory
Page 116 and 117:
supervision should be liable to one
Page 118 and 119:
“These are unduly weak provisions
Page 120 and 121:
offender is being sentenced for any
Page 122 and 123:
2.208 Section 24 of the 2007 Bill p
Page 124 and 125:
proportionality and judicial discre
Page 126 and 127:
2.220 The Commission notes that an
Page 128 and 129:
the Prison Rules 2007. 5 This mecha
Page 130 and 131:
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
Page 140 and 141:
(8) Summary 3.43 From this survey,
Page 142 and 143:
(b) The Principle of Proportionalit
Page 144 and 145:
equirements of Article 5(1) were sa
Page 146 and 147:
cannot reflect these variations in
Page 148 and 149:
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,
Page 159 and 160:
should apply. Thus, it has been not
Page 161 and 162:
injury. 66 An admission voluntarily
Page 163 and 164:
4.44 Section 27(3D)(c)(i) provides
Page 165 and 166:
(4) Drug Mules 4.52 The Commission
Page 167 and 168:
used, and (b) a vehicle the means o
Page 169 and 170:
(i) Have 4.74 The meaning of the te
Page 171 and 172:
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
Page 181 and 182:
identity theft; 257 (v) certain gan
Page 183 and 184:
examinations; 282 (xv) stalking in
Page 185 and 186:
in Schedule I or Schedule II to the
Page 187 and 188:
possession of a weapon obtained by
Page 189 and 190:
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
Page 195 and 196:
to commit an indictable offence. 41
Page 197 and 198:
4.183 Section 297 of the Criminal C
Page 199 and 200:
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
Page 205 and 206:
4.224 In Chapter 1, the Commission
Page 207:
eneficial” response to other form
Page 210 and 211:
while under the age of 18 years, bu
Page 212 and 213:
C Mandatory Sentence for a Second o
Page 214 and 215:
institution. For the purposes of th
Page 216 and 217:
5.37 Subject to certain conditions,
Page 218 and 219:
operates retrospectively in so far
Page 220 and 221:
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
Page 230 and 231:
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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Report on Mandatory Sentences - Law Reform Commission

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