- 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 16 and 17: Pg N o . Misuse of Drugs Act 1971 c
- Page 20 and 21: Pg N o . R v Bieber [2009] 1 WLR 22
- Page 22 and 23: Pg N o . The People (DPP) v Finn [2
- Page 24 and 25: Pg N o . The People (DPP) v Rossi a
- Page 26 and 27: the criminal justice system in Irel
- Page 28 and 29: to enhance consistency and proporti
- Page 30 and 31: component parts, each of which cont
- Page 32 and 33: a series of crimes in which they ha
- Page 34 and 35: 1.16 The Commission has been reques
- Page 36 and 37: effects or short-term effects that
- Page 38 and 39: counter to the principle that a cri
- Page 40 and 41: (2) Proportionality 1.37 In Whelan
- Page 42 and 43: 1.46 To the same effect, in The Peo
- Page 44 and 45: 1.54 In considering the range of pe
- Page 46 and 47: individual offences of a single cou
- Page 48 and 49: wholly unexpected death, the court
- Page 50 and 51: power; 151 infliction of deliberate
- Page 52 and 53: v Oliver. 165 In that case, the cou
- Page 54 and 55: Factors which aggravate or mitigate
- Page 56 and 57: must relate not only to the person
- Page 58 and 59: most pronounced in relation to the
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- Page 62 and 63: 1.119 Traditionally, the courts of
- Page 64 and 65: (3) Conclusions and the Commission
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esponsible for the deaths. The seco
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mandatory life sentence for murder
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the course of its judgment, the Cou
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Home Secretary retains a duty to ke
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serving mandatory life sentences, w
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2.40 Regarding Article 7, 110 the s
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Act 2003 in England and Wales. As a
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however, in so far as it indicated
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2.64 During the 1980s, there were a
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that section 2 offended the constit
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no further conditions in respect of
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life sentences was incompatible wit
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or commute any sentence and order c
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worsening drug problem became more
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2.115 In 1986, following public out
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White Paper, the provisions of the
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drug offences guideline, 288 public
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2.135 In 1997, the Criminal Justice
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of more lenient sentences was clear
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2.150 In 1984 Congress amended the
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eleased shortly afterward, which sh
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Northern Ireland, which illustrated
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2.171 In certain respects, it is ag
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not been for the murder of Polly Kl
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sentence beyond the normal length o
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criterion was difficult to prove; (
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People (DPP) v Carmody, 477 however
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Arguably, also, the enactment of th
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espondent presented a clear danger
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3 CHAPTER 3 ENTIRELY MANDATORY SENT
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discretionary power which may be ex
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The risk of the person failing to r
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point” of 12 years, through the
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or other weapon to inflict fatal in
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there is an automatic 25-year perio
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circumstances parole’ under the C
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discussed in Chapter 1, however, wh
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case if the sentencing judge were p
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“[i]n committing the crime of mur
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(b) Judicial recommendation at sent
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introduce this reform. 139 It notes
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goods. 7 Where, on the other hand,
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problematic in a number of respects
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(ii) quashing of the appellant’s
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taken account of the statutory mini
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would probably have resulted in the
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circumstance. 76 In this regard, th
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Furthermore, section 27(3I) 97 prov
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(i) Possession or Control 4.57 Neit
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meaning of the term “produce” i
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offences which attract a presumptiv
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4.89 Factors including the nature o
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she be released. 192 This direction
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violence; 213 (v) use of a firearm
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injure; 234 (ii) possession of a fi
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(II) Firearms Offences 4.122 §1252
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§2D1.13, §2D2.1, §2D2.2, §2D3.1
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4.138 The Sentencing Commission ass
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4.145 The offence of producing a su
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kidnapping; 341 (vi) hostage-taking
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4.157 Fourth, the offence of “liv
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(iii) Northern Territory 4.164 In t
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4.169 The Commission notes that thi
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4.177 According to the Queensland G
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attributed by the Tasmanian police
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create a risk that an individual of
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presumptive minimum sentence on the
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(i) Constitutional Proportionality
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In a broader sense, it would also a
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5 CHAPTER 5 MANDATORY SENTENCES FOR
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If the subsequent scheduled offence
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E Comparative Analysis 5.24 In this
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considering whether this condition
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(i) Drug Offences 5.39 Section 205B
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(ii) California 5.45 Section 667 75
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one or more specified sexual offenc
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possession of a firearm knowing its
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(iii) Northern Territory 5.70 The N
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eview, that the indefinite term of
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(vii) (I) Western Australia Domesti
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egimes varies from country to count
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5.105 Similar observations may be m
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(i) Constitutional Proportionality
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as those highlighted in the researc
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6.09 The Commission also recommends