Why are Oz Courts so namby pamby in sentencing.

The following is ACT legislation but all states have similar:

http://www.legislation.act.gov.au/a/...df/2005-58.pdf

See page 33 on relevant considerations in sentencing- (m) and (n) are of particular interest. (basically Sob story = reduced sentence).

and in NSW a bill was going to remove the "cultural background", "customary law" and "cultural practice" as things to take into consideration (eg I'm muslim its OK for me to kill my daughter because he shamed us..." Please note I dont mean to bash Islam in tha, just an example of the type of thing meant).

Naturaly the Human Rights mob said they shouldn't make such changes ... :(

Crimes Amendment (Bail and Sentencing) Bill 2006

The following is an interesting discussion
Sentencing: Legislation or Judicial Discretion?
http://njca.anu.edu.au/Professional%...rs/Debelle.pdf

Quote:

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Originally Posted by VladTepes

See page 33 on relevant considerations in sentencing- (m) and (n) are of particular interest. (basically Sob story = reduced sentence).

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Why mention those and overlook all the others? They all have to be taken into consideration. In particular, you haven't mentioned the impact on the victim, the victim's family, and any other people affected by the crime, which are also considered, among other matters.

I doubt you have ever heard any of the "sob stories" as you put it. Some of them would turn your stomach....

That said, some of the demonstrations of "remorse" are laughable, and are generally appreciated as such by most judges.

It's an imperfect system, but it's better than most of the others.

Coop