التفاصيل البيبلوغرافية
| العنوان: |
Murder Most Foul: An Analysis of the Courts' Approach to s 104 of the Sentencing Act 2002. |
| المؤلفون: |
CONDER, TIM |
| المصدر: |
New Zealand Law Review; 2015, Issue 3, p355-391, 37p |
| مصطلحات موضوعية: |
MURDER -- Law & legislation, CRIMINAL sentencing, IMPRISONMENT |
| مستخلص: |
This article analyses all sentencing decisions applying s 104 of the Sentencing Act 2002 to serious murders. This section provides a mandatory minimum period of imprisonment for murders which include one or more qualifying factors and reflects an intention to provide longer sentences for the most serious cases of murder. This article sets out the way in which the different qualifying criteria have been applied in practice before considering the impact that the section has had on murder sentencing generally. The high volume of cases and the lack of discrimination between sentences indicates that the section has extended beyond its original intention and legislative intervention is required to limit the application of the section or to grant judges greater flexibility over final sentences. [ABSTRACT FROM AUTHOR] |
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| قاعدة البيانات: |
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