To Suspend or Not to Suspend: A Qualitative Analysis of Sentencing Decisions in the Supreme Court of Tasmania

Abstract

Suspended sentences are a controversial sentencing option currently available in all Australian jurisdictions. This article presents a qualitative analysis of all partly and wholly suspended sentences imposed in the Tasmanian Supreme Court over a two-year period. The importance of reasons for sentence is discussed and the relevance of a range of factors to the decision to suspend a sentence is considered. In particular, the discussion considers factors relating to the offender, for exampIe, prior record and youth; factors relating to the offence, especially where offences are committed in company; the response to the charges, such as cooperation with the authorities; and the effect of the offence and sanction, including hardship to the offender and others. In addition, cases which suggest an improper reasoning process was applied in exercising the discretion to suspend are reviewed.

Keywords: suspended sentences, sentencing, judges, courts