Sentencing Conference 2010

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Sentencing Conference 2008

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Sentencing 2010 Conference

National Convention Centre, Canberra

Saturday 6 and Sunday 7 February 2010


Saturday 6 February 2010

8.30am Registration

9.00am to 9.15am

Session 1 Welcome
Professor Michael Coper, Dean, ANU College of Law
Chief Justice Wayne Martin, Chair, Council of the National Judicial College of Australia

9.15am to 10.30am

Session 2 Informing the Public about Sentencing

Informing the Public: Whose job is it?
Ms Jenni Coady, Victorian Sentencing Advisory Council

Using the jury to educate and inform the public about sentencing issues
Professor Kate Warner, University of Tasmania;
Associate Professor Julia Davis, University of South Australia

Labelling ‘Life’ as a Mandatory Sentence: Effective Denunciation or Misleading Populism?

Dr John Anderson University of Newcastle NSW

11.00am to 1.00 pm

Session 3A Sentencing indigenous offenders

Film presentation of 'Bush Law' (aboriginal customary law in the Northern Territory)

The aftermath of sentencing: naming and shaming of Indigenous youth in the Northern Territory
Assistant Professor Robyn Lincoln, Faculty of Humanities & Social Sciences, Bond University
Professor Duncan Chappell, Faculty of Law, University of Sydney

The sentencing response to defendants who have fetal alcohol spectrum disorder
Associate Professor Heather Douglas, School of Law, University of Queensland

The impact of mandatory sentencing on indigenous offenders (powerpoint)
Mr Stephen Jackson and Ms Fiona Hardy, Department of Justice, Northern Territory

11.00am to 1.00 pm

Session 3B The “warrior gene”: genetic factors in sentencing

Lack of free will due to genetic factors as a mitigating factor in sentencing
Dr Debra Wilson, Lecturer in Law, School of Law, University of Canterbury NZ

Genetic mitigation
Mr Allan McCay, University of Sydney Foundation Law Program

Genetic Factors in Sentencing
Professor Simon Easteal, John Curtin School of Medical Research, Australian National University ACT

ABC Radio Law Report - The crime gene

2.00pm to 3.00pm

Session 4A Sentencing of corporate offenders

The principles that apply to the sentencing of corporate offenders - The $17 million speeding offence?
Justice Monika Schmidt Supreme Court of New South Wales

Sentencing those convicted of industrial manslaughte
Professor Rick Sarre, University of South Australia

2.00pm to 3.00pm

Session 4B Sentencing by video link

Remote Sentencing: possibilities and pitfalls
Professor David Tait, Justice Research Group, University of Western Sydney NSW (paper)
Professor Jane Goodman-Delahunty, Graduate School of Policing, Charles Sturt University (paper)
Ms Anne Wallace, Faculty of Law, University of Canberra (paper)
Ms Emma Rowden, Faculty of Architecture, University of Melbourne (paper)

Sentencing by video link: the Western Australian experience
Chief Justice Wayne Martin, Supreme Court of Western Australia

3.30pm to 5.00pm

Session 5 Sentencing for Commonwealth offences

Variations in Federal Sentencing
Mr David Adsett (Deputy Director (QLD)) and Mr Mark Pedley (Deputy Director (VIC)) Office of the Commonwealth Director of Public Prosecutions

The quest for sentencing consistency in the Federal System
Ms Wendy Kukulies Smith, Lecturer, ANU College of Law ACT

A judicial perspective on consistency in sentencing for Commonwealth offences

Judge Deborah Richards, District Court of Queensland

7.00pm Conference dinner
Speaker: Dr Antonio Passini, President of the Italian Wine Society (Italy)

Sunday 7 February 2010

9.00am to 10.30am

Session 6 Sentencing in Arson (Bushfire) cases

Sentencing as an aspect of crime prevention to reduce deliberate bushfires in Australia
Dr Damon Muller, ARC Centre of Excellence in Policing and Security, Australian National University

Managing arson offenders – what do we know already and what do we need to know?
Dr Rebekah Doley, Clinical Psychology Program, Bond University QLD

Defending people charged with arson (bushfire) offences
Mr Mark Woods, criminal lawyer, Tyler Tipping and Woods Traralgon, Victoria

ABC Radio Law Report 16 February "Arson'

11.00am to 12.30pm

Session 7A Sentencing and Children

The specific deterrent effect of custodial penalties on juvenile reoffending
Dr Andrew McGrath, School of Social Sciences and Liberal Studies, Charles Sturt University NSW

Provisional Sentencing of Children
Ms Katherine McFarlane, Charles Sturt University NSW

11.00am to 12.30pm

Session 7B Sentencing for offences motivated by hatred or prejudice

Sentencing for offences motivated by hatred or prejudice
Professor Arie Freiberg and Ms Felicity Stewart, Victorian Sentencing Advisory Council


Hate crime laws in Australia: Are they achieving their goals?
Associate Professor Gail Mason, Sydney Institute of Criminology, University of Sydney, NSW

1.30pm to 3.00 pm

Session 8 Sentencing in so called “technical rape” cases

Judicial Sentencing Remarks and the re-victimisation of Victims of Sex Offences (powerpoint)
Mr Michael O'Connell, Commissioner for Victims' Rights, South Australia

Commentary: sentencing remarks in sexual assault cases
Judge John Nicholson, District Court of New South Wales

3.00 pm Close