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To What Extent Do Penalties Imposed During the Sentencing Process Achieve Justice for Victims, Offenders and Society?

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To what extent do penalties imposed during the sentencing process achieve justice for victims, offenders and society?

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To What Extent Do Penalties Imposed During the Sentencing Process Achieve Justice for Victims, Offenders and Society?
Topics this document covers:
Criminal law Sentencing Mandatory sentencing English criminal law Sentence Judicial discretion Provocation Murder in English law Youth Criminal Justice Act New South Wales Sentencing Council
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Topics this document covers:
Criminal law Sentencing Mandatory sentencing English criminal law Sentence Judicial discretion Provocation Murder in English law Youth Criminal Justice Act New South Wales Sentencing Council
Sample Text:
Unfortunately, different aspects of the sentencing process provide challenges for law- makers and enforcers to maintain justice equally for all stakeholders. Specifically, the provocation defence, the inclusion of mandatory sentencing, and the flexibility of judicial discretion offer different levels of justice throughout the criminal justice system when punishing individuals. The complete defence of provocation has proven to be a legal loophole, abused by offenders to avoid heavy penalties and preventing the equal achievement of justice. The Crimes Act 1900 NSW explicitly outlines the use of partial and complete defences to indictable crimes, used by o...
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