Not exact matches
They function
as a blunt instrument that may deprive courts of the ability to
tailor proportionate
sentences at the lower end of a
sentencing range.»
Even if a custodial
sentence was appropriate in this case, it is a well - established principle of
sentencing laid down by this court that a first
sentence of imprisonment should be
as short
as possible and
tailored to the individual circumstances of the accused rather than solely for the purpose of general deterrence.
The Review noted that circle
sentencing was appropriate to be trialled in other communities, but would have to be
tailored to the cultures and customs of different Aboriginal groups in order to succeed, and that it required the commitment of significant resources
as processing
sentences through this process is more time consuming than a usual court setting.