Institutional responses to the sentencing recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse

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Abstract

This article examines how Australian governments and courts have responded to three specific recommendations relating to sentencing made by the Royal Commission into Institutional Responses to Child Sexual Abuse in 2017. These recommendations related to the exclusion of good character as a mitigating factor in certain circumstances, cumulative and concurrent sentencing, and the relevance of sentencing standards in historical cases. It finds that these recommendations are relatively narrow and are likely to have limited effect on future sentencing practices due to the courts' cautious responses, the continued influence of previous sentencing practices and slow legislative responses to the recommendations.
Original languageEnglish
Pages (from-to)127-143
Number of pages17
JournalCriminal Law Journal
Volume44
Issue number2
Publication statusPublished - 2020

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