Integrating a victim perspective in NSW homicide cases

Author(s)Kirchengast, Tyrone
Title Integrating a victim perspective in NSW homicide cases
Source Queensland University of Technology Law and Justice Journal Vol 7 No 2, 2007.
Date 2007
Document type Journal article
Coverage NSW, Australia
Summary This article discusses the relevance at sentencing of victim impact statements (VIS) by family members of homicide victims in NSW. The relevant legislation and case law in NSW is considered, together with the use of family victims' VIS in other jurisdictions, such as Victoria, South Australia and the United Kingdom. It is proposed that the need to ensure sentencing is proportionate to the seriousness of the offence may in fact be a reason to include, rather than exclude the family perspective. It is further suggested that family victims can contribute to sentencing in a justiciable sense because they represent community sentiment, thereby allowing closer connections between the family victims, the justice system and the community.
Keywords Victim impact statements; family victim; homicide; sentencing; participation
Topic Victim impact statements