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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 …