Community Correction Orders can now be imposed along with jail of up to 2 years, and as a substitute where previously suspended sentences of imprisonment might have been imposed.Parts of the Sentencing Amendment (Emergency Workers) Act 2014 commenced operation yesterday — see SG 330/2014 — including Part 5.Part 5 amends the Sentencing Act 1991, and …
Continue reading CCOs replace suspended sentences, and more jail now an option
The last portions of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 commenced operation today. Section 2(5) of that Act provides:(5) If a provision referred to in subsection (4) does not come into operation before 1 September 2014, it comes into operation on that day.The most significant change is the abolition of …
The tools of trade for any advocate are their wits, their tongue, and their knowledge of the law. And none of us can know all the law, and so we often refer to primary and secondary sources.Richard Fox and Arie Freiberg’s Sentencing: State and Federal Law in Victoria is one of those few secondary sources that is …
Continue reading The new edition of Fox & Freiberg on Sentencing
The tools of trade for any advocate are their wits, their tongue, and their knowledge of the law. And none of us can know all the law, and so we often refer to primary and secondary sources.Richard Fox and Arie Freiberg’s Sentencing: State and Federal Law in Victoria is one of those few secondary sources that is …
Continue reading The new edition of Fox & Freiberg on Sentencing
“No” to prosecution submissions on sentencing range.In 2008, the Victorian Court of Appeal decided in R v MacNeil-Brown (2008) 20 VR 677 (discussed here) that when asked, prosecutors were required to submit what the prosecution considered was an available range of sentences to impose on an offender, or if the prosecution thought the court would otherwise fall into error.Even then, …