Equal or unequal opportunities within the criminal justice system from a rural and regional perspective
Main Article Content
Abstract
Approximately a third of NSW criminal charges are dealt with in rural and regional courts. About a third of prisoners in NSW goals come from rural and regional NSW. However, resources – legal and therapeutic – available for rural and regional defendants do not match those available for offenders located in metropolitan areas. Twenty-one significant disparities are identified. Three sources of these disparities are also identified – court proceedings, geographical remoteness, and government failures. The majority of identified disparities, it is argued, is attributable to government failure. Recent changes to sentencing law and practices in the administration of sentences are looked at from a rural perspective and potential new and continuing disparities are identified. The limitations arising from the disparities to the exercise of judicial discretion with a rural setting are explained particularly with reference to sentencing.
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References
Poynton, Suzanne, and Felix Leung, ‘Early Indicators of the Impacts of the NSW Driver Licence Disqualification Reforms’ (Issue Paper No. 135, , NSW Bureau of Crime and Research Statistics, August 2018).
Bureau of Crime Statistics and Research (Bobscar) ‘Criminal Court Statistics: NSW Criminal Courts Snapshot: Court Workload by Offence Type, 2017’
Local Court of New South Wales, Local Court of New South Wales: Annual Review 2017 (Report, 2018) 4.
Woodburn, Jessie, Katrina Grech and Don Holmes, ‘Why Does NSW have Higher Imprisonment Rates than Victoria’ (2019) 145 Crime and Justice Bulletin; see also
NSW Bureau of Statistics and Research, NSW Custody statistics *Quarterly update, March 2018).
Corben, S, NSW Inmate Census 2016 – Summary of Characteristics (Statistical Publication No 45, ISSN 08144 1215, October 2017, Corrective Services NSW).
National Rural Health Alliance, Illicit Drug Use in Rural Australia (Factsheet 33, June 2015) 2
Justice Health and Forensic Mental Health Network, Network Patient Health Survey 2015 14; see also Health – Justice Health & Forensic Mental Health Network, 2015 Network Patient Health Survey Report
NSW Budget Estimates, 2017-18, 7 Justice Cluster
Nicholson, J, ‘Reconsidering Traditional Custodial Sentencing Policies and Practices’ (2018) 147 Precedent.
NSW, Hansard, Legislative Assembly,–11 October 2011, 10:12am (Mark Spearman JC, Attorney General, Second Reading Speech).
Australian Law Reform Commission, ‘Justice Procedure Offences: Breach of Community Based Sentences’ in Incarceration Rates of Aboriginal and Torres Strait Islander Peoples (ALRC, Chapter 7)
NSW Justice, ‘District Court Program Reduces Delays’ (Media Release, 9 January 2019).
Crimes (Sentencing Procedure Act 1999 (NSW)
Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW).
R v Pullen [2018] NSWCCA 264.