Case 16022

Cabot, Richard C.; Painter, F.M.; Palmer, Robert Sterling

doi:10.1056/nejm193001092020208

Cited by 1 publication

(1 citation statement)

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“…It is still awaiting the Executive Council to tender advice to the Governor-General, so that the body can be brought into force through Orders in Council. 257 Some commentators believe that this raises "serious constitutional issues", 258 as it is possible that the Government's failure to make the Act operative is illegal, relying on the authority of Fitzgerald v Muldoon. 259 At its most basic, the situation may amount to the executive refusing to implement laws passed by the legislature.…”

Section: Fitzgerald V Muldoon -A Modern Day Breach?mentioning

confidence: 99%

Judicial Discretion in Sentencing: A Justice System that is No Longer Just?

Mallett¹

2015

VUWLR

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One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand, there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This article will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the "instinctive synthesis" approach, both of which will be shown to be unsatisfactory. Instead, the article will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.

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Section: Fitzgerald V Muldoon -A Modern Day Breach?mentioning

confidence: 99%

Judicial Discretion in Sentencing: A Justice System that is No Longer Just?

Mallett¹

2015

VUWLR

View full text Add to dashboard Cite

show abstract

Case 16022

Cited by 1 publication

References 0 publications

Judicial Discretion in Sentencing: A Justice System that is No Longer Just?

Judicial Discretion in Sentencing: A Justice System that is No Longer Just?

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