Penalties and Sentences Act 1992 (Qld): A critical analysis of its principles and underlying rationales

Kilner, Ronald G. (2005). Penalties and Sentences Act 1992 (Qld): A critical analysis of its principles and underlying rationales PhD Thesis, T.C. Beirne School of Law, The University of Queensland.

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Author Kilner, Ronald G.
Thesis Title Penalties and Sentences Act 1992 (Qld): A critical analysis of its principles and underlying rationales
School, Centre or Institute T.C. Beirne School of Law
Institution The University of Queensland
Publication date 2005-04-19
Thesis type PhD Thesis
Supervisor -
Total pages 498
Language eng
Subjects 180110 Criminal Law and Procedure
160203 Courts and Sentencing
Formatted abstract This thesis is about sentencing law in Queensland as it exists at December 2003. It has been written because the author perceives that there exists a number of problems that, whilst perhaps not readily apparent to the casual observer, are causing confusion, lack of consistency, parity and lack of clarity in the sentencing process. Such problems could be readily identified by the student of criminal sentencing law and indeed on occasions by interested observers when a controversial sentencing decision is publicised.

Why such sentencing problems exist and why they need to be addressed may be the subject of varied opinion, depending upon what point of view is taken of the underlying rationales that drive sentencing law in Queensland today. This thesis will argue that fundamentally they exist because of the ad hoc way in which ideologies are used to underpin the Penalties and Sentences Act 1992 (Qld) and the lack of effort made to reconcile common law principles with the purposes and principles set out in that Act. The reason why the problems exist must be identified if a solution is to be found to eliminate or, at least, reduce them.
Keyword Queensland Penalties and Sentences Act, 1992.
Sentences (Criminal procedure) -- Queensland.
Additional Notes The author has given permission for this thesis to be made open access.

 
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