The art of balancing: Queensland judges and the sentencing process

Abstract

It is almost trite to say that sentencing offenders is difficult and complex. Yet of all of the judicial functions undertaken by the courts, it is sentencing which has become an almost thankless task, with the judiciary singled out for frequent negative criticism by the media. What judges think about sentencing and how they go about it is not normally known, as judges are not in the position where they can give interviews, or further explain their decisions. This article gives an overview of an interview-based study of 31 judges of the Supreme and District Courts in Queensland that sheds light on how judges sentence offenders.