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4 Found helpful • 4 Pages • Essays / Projects • Year: Pre-2021
In this case, the judge makes several mistakes on sentencing, which are as follows: 1.The purposes of sentencing The court holds that the only purpose should be considered in this case is protecting the community from the offender.[ Crimes (Sentencing Procedure) Act 1999 (NSW), s3A(c).] This judgement does not accord with the principle of sentencing in Australia. High Court indicates that the court should apply an intuitive approach to sentencing, which requires the judges to look at all relevant factors and sentencing principles as well as determining their relative weights by reference to all the circumstances of the case.[ Markarian v The Queen (2005) 228 CLR 357,37.] According to the Veen case, The purposes overlap and none of the above can be considered in isolation.[ Venn v R (no.2) (1988) 164 CLR 465,476.] Thus, the court should combine all the purposes of sentencing to determine an appropriate sentence rather than consider only one factor.
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