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Sentencing discounts for delay
journal contributionposted on 2023-05-19, 16:17 authored by Catherine WarnerCatherine Warner, Davis, J, Freiberg, A, Caroline SpiranovicCaroline Spiranovic
the Victorian jury study aimed to ascertain jurors' views of sentencing severity and to compare the views of judges and jurors on the relevance of aggravating and mitigating factors. A surprising finding from the analysis of the sentencing remarks from the trials in the study is that because delay was the third most common mitigating factor. This article suggests that because delay's relevance as mitigating factor may be not immediately apparent to the public, the reasons why it attracts a reduced sentence should be clearly explained by sentencers.
Publication titleCriminal Law Journal
Department/SchoolFaculty of Law
Place of publicationAustralia
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