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Value of rehabilitation at sentence

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August 25, 2016

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A recent Court of Criminal Appeal decision in NSW reinforces yet again the value of rehabilitation in keeping people out of prison. Successful rehabilitation was considered so important in this case that the appeal court decided not to send a man to prison, even though it had found that his offending warranted it – and that a District Court judge had been wrong not to imprison him. “The sentence imposed by her Honour [in the District Court] was manifestly inadequate and a sentence of imprisonment should have been imposed,” the three-member […]


Rehabilitation and courts

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June 30, 2016

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Two recent cases – one in Victoria and one in the ACT – show the very great importance that courts place on efforts made by offenders at rehabilitation. It is an area hard to underestimate for those awaiting sentence: it can mean the difference between going to prison or staying in the community. The offender in the Victorian case of Fattah v The Queen, had pleaded guilty to one charge of trafficking methamphetamine and was sentenced to three years and nine months’ imprisonment, with a non-parole period of two years. The […]


Punishment v Rehabilitation

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March 10, 2016

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One of the primary purposes of sentencing is to rehabilitate an offender so that they don’t find themselves in front of the Court again. This is obviously in the interests of the offender and the community – no one wants to be sent to gaol and no one wants to be the victim of a serious crime. One of the key sentencing principles is “to promote the rehabilitation of the offender”. However, recidivism rates in Australia are alarmingly high. The Australian Bureau of Statistics conducted a Prison Census in 2014 which […]

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