Our new Mandatory Sentencing Resource, available for download by clicking on the image to the right, discusses the NSW offence of ‘Assault Causing Death’, the so-called One Punch offence, and includes a case note summarising the sentencing decision in R v Garth(No 2)  NSWDC 471.
The independence of the judiciary is a key principle of the rule of law. For the right to a fair trial to be preserved, the judiciary need to be free to act according to the law, without influence from outside actors – such as parliament or the media.
The introduction of mandatory sentences for criminal offences by parliaments threatens this independence.
Other Resources on Mandatory Sentencing
Nicholas Cowdery AM QC, former Director of Public Prosecutions in NSW, presented a paper at Sydney University on the issue and deals with some of the broader rule of law issues with various kinds of mandatory sentences.
Our 2016 Resource and links to academic articles on mandatory sentencing can be found here.