Compare, eg, s 5(4) Sentencing Act 1991 (Vic): ‘A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender’ – with the recently enacted s 9(12) of the Penalties and Sentences Act 1992 (Qld): ‘This section overrides any other Act or law to the extent that, in sentencing an offender for any offence, the court must not have regard to any principle that a sentence of imprisonment should be imposed only as a last resort’.
2.
Section 340(1) Criminal Code 1899 (Qld). There are currently 26 declared criminal organisations in the Criminal Code (Criminal Organisations) Regulation 2013 (Qld). Section 708A sets out criteria which the Attorney-General may consider when deciding if an entity should be declared a criminal organisation. Section 65A of the Corrective Services Act 2006 (Qld) provides that the chief executive must make a segregation order (COSO) for a prisoner identified as a participant in a criminal organisation.
ABC Radio National, ‘Tas Opposition reveals plan for tougher illegal forestry protest penalties,’PM with Mark Colvin, 9 December 2013 (Felicity Ogilvie) <http://www.abc.net.au/pm/content/2013/s3908150.htm>.
5.
Criminal Code Amendment Act (No 2) 1996 (WA) s 5; Criminal Code Act 1913 (WA) s 401(4), (5).
6.
Senate Legal and Constitutional References Committee, Parliament of Australia, Inquiry into the Human Rights (Mandatory Sentencing for Property Offences) Bill 2000 (2002) [3.37].
7.
Section 10(1) Penalties and Sentences Act 1992 (Qld); s 35 Sentencing Act 1995 (WA) and by statute in most other Australian jurisdictions.
8.
Article 9(1) ICCPR requires ‘no one shall be subjected to arbitrary arrest or detention’.
9.
DoobAnthony N, ‘Principled Sentencing, Politics, and Restraint in the Use of Imprisonment’ (2012) 9Champ pénal/Penal field <http://champpenal.revues.org/8335>.
10.
MackenzieGeraldine, ‘Sentencing and public confidence’ (2012) 45(1) ANZ Journal of Criminology45–65.
11.
MackenzieGeraldine, ‘Measuring the Effects of Small Group Deliberation on Public Attitudes towards Sentencing’ (2014) 25 (3) Current Issues in Criminal Justice; WarnerKate, ‘Public judgement on sentencing’ (2011) 407Trends and Issues in Crime and Criminal Justice1.
12.
Mackenzie, above n 11, 745.
13.
BottomsTony, ‘The Philosophy and Politics of Punishment and Sentencing’ in ClarksonChrisMorganRod (eds), The Politics of Sentencing Reform (Clarendon Press, 1995) 15.
14.
Most controversial are the Vicious Lawless Association Disestablishment Act 2013 (Qld) – currently subject to a High Court challenge (Kuczborski v The State of Queensland HCA Case B14/2014 heard in September 2014) and the Criminal Law Amendment (Public Interest Declaration) Amendment Act 2013 (Qld), the latter having already been struck down by the Queensland Court of Appeal for clear and unambiguous breaches of the Kable doctrine. The former is to be considered by the High Court of Australia.
See McMurdoJustice Margaret, ‘An independent legal profession operates as a check on the abuse of executive power’The Courier-Mail (online) 21 December 2013
DiamondShari SeidmanStalansLoretta J, ‘The Myth of Judicial Leniency in Sentencing’ (1989) 7(1) Behavioral Sciences & the Law73.
21.
PerlinMichael L, ‘Hospitalized Patients and the Right to Sexual Interaction’ (1992) 20New York University Review of Law and Social Change517, citing RosenhanDavid‘Psychological Realities and Judicial Policy’ (1984) 19 Stanford Law Review10, 13.
22.
DowlerKen, ‘Media Consumption and Public Attitudes toward Crime and Justice’ (2003) 10(2) Journal of Criminal Justice and Popular Culture109–126.
23.
RobertsLynneIndermaurDavid, ‘Predicting Punitive Attitudes in Australia’ (2007) 14(1) Psychiatry, Psychology and Law56.
24.
RobertsLynneIndermaurDavid, What Australians think about crime and justice (AIC, 2009) 24.
25.
Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW) passed 31 February 2014, inserted ss 25A-C into the Crimes Act 1900 (NSW) which provide for the offence in s 25A(2) and the mandatory minimum penalty in s 25B(1).
26.
PattyAnna, ‘Domestic Violence: Mandatory Sentencing Laws May Make Victims Reluctant to Give Evidence’, 25 February 2014, Sydney Morning Herald (Sydney).
27.
A duopoly in this sense consists of a system of political governance in which power can only be practically vested in one of two dominant parties. See, DunleavyPatrickMargettsHelen, ‘From Majoritarian to Pluralist Democracy?’ (2001) 13Journal of Theoretical Politics295; Adrian Blau, ‘The Effective Number of Parties At Four Scales’ (2008) 14Party Politics167.
An increase of 1561 prisoners since Queensland changed government in March 2012 MooreTony, ‘Queensland High Security Prisons “Beyond Capacity”’, Brisbane Times (online) 12 June 2014
30.
Ombudsman Victoria and OPI, ‘Conditions for persons in custody review’12; Australian Bureau of Statistics, Prisoners in Australia (2010) 26.
GrantElizabeth, ‘“Pack 'em, rack 'em and stack 'em”: The appropriateness of the use and reuse of shipping containers for prison accommodation’ (2013) 13(2) Australasian Journal of Construction Economics and Building35–44.
