Consistency versus Discretion – A Matter of Judgment? Hessell v R and Judicial Sentencing Guidelines

Abstract

Guideline judgments are not a new invention. However, in recent years, they have become more topical in a number of jurisdictions as judges and politicians strive to achieve consistency in sentencing. Debate has centred on whether sentencing judges should have their individual discretion limited by guidelines and, if so, whether the judiciary is the best body to undertake this exercise. Australia continues to wave the flag of individual judicial discretion. In England and Wales, on the other hand, a Sentencing Council routinely issues sentencing guidelines.