- Title
- Correcting the Manifest Error that is the Approach to Manifest Error in Sentencing Appeals
- Creator
- Anderson, John; Bagaric, Mirko; Murphy, Brendon
- Relation
- University of New South Wales Law Journal Vol. 46, Issue 3, p. 1039-1062
- Relation
- https://newcastle.primo.exlibrisgroup.com/discovery/fulldisplay?docid=cdi_rmit_agispt_search_informit_org_doi_10_3316_informit_356456019386808&context=PC&vid=61UON_INST:61UON&lang=en&search_scope=MyInst_and_CI&adaptor=Primo%20Central&tab=Everything&query=any,contains,Correcting%20the%20Manifest%20Error%20that%20is%20the%20Approach%20to%20Manifest%20Error%20in%20Sentencing%20Appeals&offset=0
- Publisher
- Law School, University of New South Wales
- Resource Type
- journal article
- Date
- 2023
- Description
- Manifest error is the most common appeal ground for sentencing decisions. In terms of its practical operation, it is also the most obscure. The courts have held that the ground does not admit of much argument and that no great assistance can be derived from decisions in other cases. This approach is misguided and has resulted in a high degree of unpredictability regarding the outcome of appeals based on the grounds that a sentence was manifestly excessive and manifestly inadequate. Logically, in order to conclude that a sentence is too harsh or too lenient, it is necessary to have a mathematical reference point – even if this is a range as opposed to a precise number. A coherent and transparent approach to manifest error appeals requires courts to base their decisions on statistical information regarding sentencing ranges for the offence in question and to make comparisons with specific cases. The approach suggested in this article to manifest error appeals would make decisions in sentencing appeals more predictable and enable appeal courts to provide clearer guidance to lower courts regarding appropriate sentencing outcomes.
- Subject
- manifest error; sentencing appeals; courts; statistical information
- Identifier
- http://hdl.handle.net/1959.13/1495313
- Identifier
- uon:53988
- Identifier
- ISSN:0313-0096
- Language
- eng
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