Paperback, 56 pp, September 2010, ISBN 9780731356270
To obtain a copy, please see Obtaining publications.
One of the more difficult sentencing tasks is to sentence an offender convicted of a child pornography offence. This study examines the practical difficulties faced by judicial officers at sentence relating to the fact-finding process and the problems that can be encountered in assessing the objective seriousness of a given offence. It discusses the following issues the sentencing court must take into account:
- the tensions involved in reconciling the purposes of sentencing
- the complexities involved in the fact-finding process
- uses of scales to assist in assessing the seriousness of the child pornography
- relevance of the good character or lack of previous convictions of the offender
- difficulties in applying the totality principle when there are multiple offences
- correct application of the mitigating and aggravating factors referred to in s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW).