Proportionality in Sentencing and the Restorative Justice Paradigm: Just Deserts for Victims and Def

1
Proportionality in Sentencing and the Restorative
Justice ParadigmJust Deserts for Victims and
Defendants Alike?

• Tyrone Kirchengast
• Faculty of Law, UNSW

2
Proportionality in Sentencing

• History of sentencing.
• Rise of proportionality in the 1970s.
• Veen (No 1) and Veen (No 2).
• Modification of proportionality in limited
  circumstances eg. victims of status, serious sex
  offenders, habitual offenders, etc.
• Increased recognition of the victim generally.

3
Proportionality and Restorative Justice

• Against the sentencing process, restorative
  justice seen to be ambiguous.
• Vague outcomes of differing scope and impact.
• RJ seen to disconnect from logic of sentencing.
• Ordinal and Cardinal proportionality.
• Living standards approach inclusive of the
  victim.

4
Integrating Victim and Offender

• Ashworth and von Hirsch Making Amends.
• Practical across calendar of criminal offences?
• Issue of whether RJ processes ought to occur in
  pre-trial, trial, in sentencing or
  post-sentencing phase.
• Intervention programs may provide some insight
  for future direction.
• Practical issues and relevant programs.