Jurisdictional differences in sentencing practice: insights from the National Jury Sentencing Study

Abstract

This paper examines jurisdictional differences in sentencing practice, drawing on data from the National Jury Sentencing Study. This surveyed 989 jurors from 159 jury trials in sexual (n=128) and serious non-sexual violence (n=31) cases across Australia (except Western Australia). The inter-jurisdictional nature of our Study enabled us to observe differences in relation to the time between verdict and sentence; the length of sentencing remarks; and the use of aggregate (or global) and separate sentences in cases involving multiple counts. We consider the implications of our findings for policy and practice and highlight areas for future research. Show more