Law Commons^™

The Label Of Life Imprisonment In Australia: A Principled Or Populist Approach To An Ultimate Sentence, John L. Anderson

John L Anderson

No abstract provided.

"Terror Among The Gum Trees" - Is Our Criminal Legal Framework Adequate To Curb The Peril Of Bushfire Arson In Australia, John L. Anderson

John L Anderson

No abstract provided.

Standard Minimum Sentencing And Guideline Judgments: An Uneasy Alliance In The Way Of The Future, John L. Anderson

John L Anderson

This article will analyse the contemporary co-existence of standard non-parole periods and judicial guideline judgments in New South Wales. In R v Way, judicial interpretation of the standard non-parole provisions circumscribed their direct application. Subsequently, in cases such as R v Davies, R v AJP, R v Sangalang and R v Mills, the Court of Criminal Appeal has grappled with the meaning of the standard non-parole period as a "reference point" in sentencing and has expressed a view that the practical effect of these reference points will be to increase sentence levels for certain offence categories. Alongside this scheme stand …

Indefinite, Inhumane And Inequitable - The Principle Of Equal Application Of The Law And The Natural Life Sentence: A Reform Agenda, John L. Anderson

John L Anderson

In this article, it will be argued that not only is the indefinite nature of the sentence of life imprisonment inhumane, but the available evidence graphically demonstrates an eclectic approach by the judiciary to the practical application of

the natural life sentence resulting in a clearly inequitable distribution of this ultimate form of punishment. This is contrary to one of the most basic tenets of the common law legal system, that the law should be applied equally to all

persons. In an era of 'law and order' politics with the emphasis on a retributive and incapacitative policy approach to sentencing, …

"Smoke Gets In Your Mind": The Legal Framework For The Crime Of Arson, John L. Anderson

John L Anderson

No abstract provided.