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Abstract
Sentencing Principles in the High Court and the PSA
This paper examines the significance of two recent decisions of the High Court
of Australia for sentencing in Queensland: Wong v The Queen; Leung v The Queen
on the role numerical guidelines can play in a scheme of discretionary sentencing;
Cameron v The Queen on the conditions for granting or denying discounts for
pleading guilty. Although neither decision involved a Queensland offence, they
both expressed principles which can complement the loose terms of the Penalties
and Sentences Act 1992 (Qld). There were also, however, some statements in Wong
v The Queen; Leung v The Queen criticising 'two-stage' sentencing and condemning
any use of numerical guidelines. It is argued that Queensland courts need not
and should not follow these directions when sentencing under the Penalties and
Sentences Act.
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