Sentencing Karen Ristevski’s Killer

The appalling Ristevski sentence highlights a real problem in our criminal justice system and serious consideration should be given to amending aspects of our criminal procedure.  A person accused of a crime who pleads guilty, is often given the benefit of a reduction in sentence as consideration for his guilty plea. It is dependent upon ...

You Scratch My Back, I’ll Watch Yours

  It is a well entrenched principle of sentencing in the criminal law that certain features of a case may be regarded as mitigatory in their effect on punishment. Such features might include a plea of guilty, a demonstration of remorse, forgiveness by the victim or assistance given to the investigating authorities. The absence of these features does ...

Not As Easy As It Looks – A Judge in Chains

Criticism has been made of the approach taken by a District Court judge in sentencing a man convicted of dangerous driving causing death.   In his article headed - “SA Judge Paul Muscat says it is ‘disheartening’ for courts to pass harsh mandatory sentences on killer drivers who are of good character” Mr Sean Fewster criticized the judge for ...