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  • Common Law Sentencing of Mentally Impaired Offenders in Australian Courts: A Call for Coherence and Consistency

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    Author(s)
    Edgely, Michelle
    Griffith University Author(s)
    Edgely, Michelle
    Year published
    2009
    Metadata
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    Abstract
    This article discusses the common law sentencing of mentally impaired offenders in Australian courts. In Part A, the author discusses the significant correlation between mental impairment and crime. In Part B the author considers how courts have used different sentencing purposes (incapacitation, rehabilitation, deterrence, and proportionate retribution) in determining appropriate sentences for this class of offender. The author highlights the inconsistencies that have developed within and between jurisdictions. In Part C the author argues that the inconsistencies have arisen as a result of the theoretically incoherent use ...
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    This article discusses the common law sentencing of mentally impaired offenders in Australian courts. In Part A, the author discusses the significant correlation between mental impairment and crime. In Part B the author considers how courts have used different sentencing purposes (incapacitation, rehabilitation, deterrence, and proportionate retribution) in determining appropriate sentences for this class of offender. The author highlights the inconsistencies that have developed within and between jurisdictions. In Part C the author argues that the inconsistencies have arisen as a result of the theoretically incoherent use of general deterrence, rather than proportionality, as a site for the consideration of diminished offender culpability.
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    Journal Title
    Psychiatry Psychology and Law
    Volume
    16
    Issue
    2
    DOI
    https://doi.org/10.1080/13218710802242037
    Copyright Statement
    © 2009 Routledge. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal website for access to the definitive, published version
    Subject
    Criminal Law and Procedure
    Forensic Psychology
    Psychology
    Cognitive Sciences
    Law
    Publication URI
    http://hdl.handle.net/10072/25996
    Collection
    • Journal articles

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