Contains 200 offences sentenced in the victorian county court and supreme court of victoria by offence name and over 500 offences sentenced in the magistrates court. Html version best for online viewingpdf version best for printing supplemental material. Westlaw au contains commentary on a range of topics such as administrative law, bankruptcy law, civil procedure and dispute resolution, competition and consumer law, commercial arbitration, contract law, corporations law, evidence, intellectual property, media and internet law, and trusts lawyers practice manual is a fantastic resource to. Sentencing theories, practices, and trends springerlink. Nov 24, 2020 supreme and district courts benchbook. This bench book is issued by the judicial education institute of jamaica. This chapter commences with a discussion of sentencing principles, including the. Sentencing bench book subjective matters taken into account cf s 21a1 10400 prior record section 21a2d crimes sentencing procedure act 1999 and the common law requirement to state the precise manner prior record is taken into account under s 21a2d undetected or ongoing criminal offending gap in history of criminal offending. Civil procedure bench book judicial college of victoria. This revised edition of the criminal proceedings benchbook, volume 1, was.
The longest story was 9600 words and the shortest 1200. Readers should not act on the basis of any material in this printout without getting. Sep 24, 2018 a court that has sentenced an offender to imprisonment in respect of one or more offences may make an ico directing that the sentence be served by way of intensive correction in the community. The judicial college of nsw produces a sentencing bench book which has a. Sentencing national domestic and family violence bench book. As the sentence exceeded two years imprisonment, the sentencing judge was required by s 111 of the sentencing act 1991 vic to fix a nonparole period, unless he considered it inappropriate to do so, having regard to the nature of the offence or the offenders past history. Notwithstanding the offenders relative youth, good work history, limited prior convictions and guilty plea, his honour could not accept the submission that the offender had good prospects of rehabilitation. Bench book sentencing manual case summaries an updated collection of summaries of sentencing cases in the victorian court of appeal and county court.
The criminal proceedings benchbook, volume 1, is part of a threevolume set. The adult court bench book acbb provides guidance for magistrates who sit in the adult court dealing mainly with defendants aged 18 or over. Social abuse national domestic and family violence bench book. Sentencing and assistance to law enforcement authorities.
Changes to sentencing legislation are made not infrequently. Preliminaries agreement for use currency foreword introduction disclaimer special bulletins procedural and evidential matters procedural fairness 1200 obligations of the parties 1400 fact finding at sentence 2000 crimes sentencing procedure act 1999 2000 application of the act 2200 purposes of sentencing 3000 penalties that may be imposed. Sentencing bench book judicial commission of new south wales. Sentencing statutes set out some of the matters that must be taken into account by judicial officers in the sentencing process. Children are sentenced under different legislation, namely the youth justice act 1992 qld. Sentencing research guide the law library of victoria. Az list of digital resources the law library of victoria. About the research materials childrens court of victoria. Childrens court child protection proceedings benchbook pdf, 1. Criminal proceedings bench book judicial college of victoria. Oct 21, 2020 as always, were helped out by the discussion published by the judicial college of victoria. Welcome to the official website for the tennessee court system.
District court judges in furtherance of its mission to develop and conduct education pro grams for the judicial branch. Penalties and sentencing for breach of protection orders alrc. For combined orders, the community correction order takes effect when the offender is released from prison. A criminal lawyers toolkit that puts legislation, rules, courts, cause lists, police, legal aid and other bodies in queensland at your fingertips. Criminal law subject guide the law library of victoria. The sentencing benchbook has not been updated since april 2017. Delaware sentencing accountability commission benchbook 2020. This chapter commences with a discussion of sentencing principles, including the distinction between the sentencing of persons under the sentencing act 1991 and the sentencing of children under the children, youth and families act 2005 cyfa. In their book sentencing, stockdale and devlin observe that. Judicial college of victoria, victorian sentencing manual 2015.
Judicial college of victoria victorian sentencing manual vsm michael king, solutionfocused judging bench book 2009 pauline spencer, to dream the impossible dream. Section 44 of the sentencing act 1991 vic allows courts to impose both imprisonment and a community correction order for one or more offences. The judicial commission of nsw publishes the sentencing bench book, which provides information about principles of sentencing and procedural matters. Take care to check the most up to date version of legislation when sentencing offenders. The victorian sentencing manual vsm is written by the judicial college of.
It contains a snapshot of the key aspects of the new sentencing. Key events for sentencing in victoria sentencing council. Download the entire 2020 bench book in pdf format by clicking here or download individual chapters in pdf format by clicking on the chapter titles below. Sentencing bench book drug misuse and trafficking act 1985 nsw offences 19800 introduction 19810 offences with respect to prohibited plants cultivation by enhanced indoor means marijuana not to be regarded as a recreational drug cultivation for profit stage of cultivation growing plants for personal use horticultural skills. Sentencing act 2002 no 9 as at 01 december 2020, public. Penalties and sentencing for breach of protection orders. Victorias jcv criminal charge book, victorian sentencing manual and criminal proceedings manual are its most widely used bench books key. Judicial college of victoria manuals and bench books open access include. A collection of the most commonly used information, contacts and tools for criminal law in queensland.
If such an order is made, the court must not set a nonparole period for the sentence. Sentencing snapshots cover a fiveyear period for each offence and are updated every two years. Judicial commission of nsw, sentencing benchbook, 78907950 nsw sentencing council, standard nonparole periods for dangerous driving offences, report 2011 p poletti, h donnelly, the impact of the standard nonparole period sentencing scheme on sentencing patterns in new south wales, research monograph 33 judicial commission of nsw, 2010. Hundreds of linked and summarised bench books and guides for judges and magistrates. The criminal proceedings benchbook, volume 2, is part of a threevolume set. It contains sections on such topics as assignment of counsel, taking guilty pleas, standard voir dire questions, sentencing. Victorian sentencing manual case summaries judicial college of victoria. Sentencing manual vic judicial college of victoria.
Much of the material in this chapter is also relevant to other victorian courts. The magistrates court and childrens court of victoria submitted that. Bench book sentencing manual case summaries an updated collection of summaries of sentencing cases in the victorian. Criminal proceedings bench book judicial college of victoria sentencing manual vic judicial college of victoria sentencing bench book nsw nsw judicial commission civil procedure bench book judicial college of victoria. The earlier publication, federal sentencing in victoria, was originally written in the early 1990s by mark pedley, then deputy director in. This method has been rejected in victoria and by the high court. The judicial college of victoria has analysed successful criminal appeals. Bench book sentencing bench book nsw judicial commission link to nsw judicial. An alphabetical list of freely available legal resources. Riyad elchoufani, sophie williams and daniel pace august 2017 link to legal aid nsw site. Sentencing reforms podcast this is an audio version podcast of the webinar.
Supreme court national domestic and family violence bench book. Bench book, criminal jury check sheet for qualifying juror questionnaire, impanel grand jury, grand jury. The council intends to release a separate guide on the sentencing of children and young people in 2021. The totality principle is a common law principle which applies when a court imposes multiple sentences of imprisonment.
Benchbook for western australian courts, 2nd edn, 2008, carlton, victoria. A practical guide to sentencing in victoria, including guidance on sentencing principles, practices, case summaries, and commentary on sanctions and orders. Adult court bench book and pronouncement cards judiciary. Adult court bench book and pronouncement cards courts. Criminal charge bench book judicial college of victoria. South wales, guideline judgments promulgated, sentencing bench book judicial commission of new. He was sentenced to punishment at life imprisonment and a fine. Department of attorney general wa, equality before the law. Guilty plea to be taken into account judicial commission of.
Bench book, federal judicial center cover letter, table of contents. Sentencing bench book guilty plea to be taken into account 11500 introduction 11503 impermissible to penalise offender for pleading not guilty 11504 obligations of the court taking the plea 11505 setting aside a guilty plea 11510 summary of the two guilty plea discount schemes. The site offers a variety of resources, such as searchable appellate court opinions, an interactive map of judicial districts, a calendar of appellate court oral arguments and so much more. The principle was first formulated by david thomas in his 1970 study of the sentencing decisions of the court of appeal of england and wales. Court of appeal order a retrial of the case change the decision in a case. Online bench book texas municipal courts education center. Sentencing advisory council of victoria publications. Also see the discussion on the use of social isolation for people in same sex relationships i.
Criminal proceedings benchbook, volume 2, revised edition. Social isolation is recognised as a method of domination and control throughout this bench book e. It drew upon an earlier cdpp publication, federal sentencing in victoria. A step by step guide for approaching legal research. Youll find their thorough sentencing manual by following the link from here, and you can find the discussion of the relevant parts of the civil procedure act in the civil procedure bench book here. Judicial college of victoria, civil procedure bench book accessible here. Intensive correction orders icos alternative to fulltime. Julyaugust 2007 newsletter judges announced for literary. The first edition of this guide was written by desmond lane of the victorian bar and settled by cdpp. It pulls together years of research about sentencing and is rich in references to case law, legislation and other relevant materials. Other legislative schemes under the sentencing act 1991 vic 16. Judicial college of victoria, family violence bench book 2014.
Wa department of justice wa, equal justice bench book 2nd edition september 2017. This manual provides comprehensive overview on sentencing generally in victoria. The purposes of sentencing include deterrence, the protection of the. The material in this printout relates to the law as it applies in the state of victoria. Imprisonment national domestic and family violence bench book. Sentencing considerations breaches of protection orders. The focus of this guide is on sentencing undertaken by queensland courts.
Power to reduce penalties for assistance to authorities. The benchbook is an ongoing compilation of information that federal judges have found useful for immediate bench or chambers reference in civil and criminal proceedings. Delaware sentencing accountability commission benchbook. This benchbook is not a statement of official fed eral judicial center policy.
See erd judgments for judgments handed down by the environment, resources and development court. Compiled by the sentencing advisory council of victoria, the sentencing snapshot series includes data for 31 offences heard in the victorian county court and supreme court of victoria. Listening to victims national domestic and family violence. The criminal proceedings benchbook, volume 1, concerns pretrial and trial matters, the criminal proceedings benchbook, volume 2, concerns sentencing, and the criminal proceedings benchbook, volume 3, concerns other posttrial matters. The most recently published digital version effectively replaces the earlier versions. Civil procedure benchbook judicial college of victoria. The bench book is supplemented by national sentencing guidelines, checklists and pronouncement cards. Judges are required suitably to adapt them to the individual case. It is used for reference at court and to support consistent training. The judicial college of victoria believes that all information, both. However, it does contain some general observations. Part 3a sentences community correction orders ss 36 to 48la. Bench book, criminal probation, sentencing no papers 19. Benchbook 2020 2 summary of presumptive sentences crime classification presumptive sentence statutory page ref.
Open courts bench book judicial college of victoria family violence bench book. Sentencing bench book power to reduce penalties for assistance to authorities 12200 statutory provision 12202 procedure 12205 requirement to indicate reduction for assistance 12210 rationale 12215 broad scope of s 231 any other offence 12218 voluntary disclosure of unknown guilt. Judicial commission of new south wales online resource. Criminal law family violence bench book judicial college of victoria sentencing act 1991 vic crimes act 1958 reprints vic victorian sentencing manual. Benchbook on sentencing supreme court library queensland. An updated collection of summaries of sentencing cases in the victorian court of appeal and county court. There is room for improvement of the layout and navigationsearch functionality. This list of considerations is adapted from the guiding principles for sentencing contraventions of family violence intervention orders prepared by the sentencing advisory council victoria 2009 and recommended by the australian law reform commission and new south wales law reform commission, family violence a national legal. Judicial college of victoria level 7, 223 william street melbourne, victoria australia 3000. Clearly, his honour considered it appropriate to fix a non. Mr hugh donnelly, director, research and sentencing, judicial commission of. The bench book does not contain observations regarding imprisonment specifically in the context of family violence cases. It is impor tant for any user of this bench book to understand that it is intended for the use of judges as a guide only.
Quick reference guide to sentencing reforms this document has been kindly and helpfully prepared by richard wilson, deputy senior public defender. Family violence bench book judicial college of victoria judicial college of victoria manuals and bench books. The criminal proceedings benchbook, volume 1, concerns pretrial and trial matters, the criminal proceedings benchbook, volume 2, concerns sentencing, and the criminal proceedings benchbook, volume 3, concerns posttrial matters. Searching is free but payment or subscription is needed to access law reports. Bench book sentencing manual a manual on sentencing in victoria, including guidance and commentary on process, sanctions, statutory schemes, and circumstances. A bench book on the law concerning family violence in victoria, including information on when to make a family violence intervention order, sentencing for contravention offences, and theory concerning family violence. Supreme court general civil procedure rules 2015 vic.
Judicial college of victoria, victorian sentencing manual 2015 judicial college of victoria, family violence bench book 2014 especially 4. The statutes vary, but most include the maximum penalty for the offence, the nature of and harm caused by the offence. Victorian reports from 1957 onwards and victorian law reports from 1876. The sentencing bench book is freely available on the commissions website. Commentary concerning whether an ico may be made for sentences of 6. By downloading the pdf version and opening the sentencing bench book you are agreeing that it is your responsibility to ensure that you download the latest release of the bench book from the judicial commissions website so you have the latest pdf version it is suggested that you check at least monthly. Victorian criminal charge book judicial college of victoria. It contains sections on such topics as assignment of counsel, taking guilty pleas, standard voir dire questions, sentencing, and contempt. Published in melbourne by the judicial college of victoria.
Judicial college of victoria disability access bench book. Victoria national domestic and family violence bench book. This guide does not explore how courts sentence children and young people. Family violence bench book judicial college of victoria sentencing act 1991 vic crimes act 1958 reprints vic. Victorian sentencing resources judicial college victoria. The federal judicial center produced this benchbook for u. The following table details all judgments handed down from the supreme and district courts over the past 2 months. Equality before the law bench book law society of nsw.
Carters criminal law of queensland contains an annotated penalties and sentences act 1992 which is updated regularly. Texas institute of letters julyaugust 2007 newsletter page 3 news of members and others there were 22 stories submitted, 15 from male authors, seven from female. Resources for teachers you be the judge online sessions book a. The offender was sentenced as a serious violent offender on charges 2 and 3 pursuant to the sentencing act 1991. Criminal trial courts bench book sentencing bench book. Magistrates court bench book judicial college of victoria.
1199 303 1306 774 1067 828 807 1028 1419 1731 135 1732 860 1022 1362 487 1377 1333 1531 462 1512 173 272 1265 397 895 1038