2 - A sentencing decision model: single and multiple similar counts

Summary

Lovegrove (1989) developed a decision model describing how judges determine what is appropriate by way of sentence for a case comprising a single count, or multiple counts belonging to the same legal offence category (e.g., multiple burglaries) and properly regarded as separate transactions. The purpose of the model was to provide the basis for a numerical formula for calculating the overall seriousness of a case described in terms of several common offence factors and, then, relating this result to the appropriate quantum of sentence. The product of this work was a numerical guideline. In the achieving of this aim, it was necessary to develop a conceptual scheme representing a solution to what Ashworth (1983) identified as the problem of integrating the seriousness of two or more offences of one kind into a coherent system of proportionality principally related to the seriousness of single offences or classes of offence. So that the model was faithful to the structure of judicial thought it was based on an analysis of sentencing policy – policy dealing with the determination of sentence for particular legal categories of offence. This aspect of sentencing policy, also, is characterized by generality and incompleteness; yet a quantitative analysis demanded precision. Accordingly, it was necessary to develop the model further, and this was achieved by formulating sentencing exercises for the purpose of facilitating judicial input on matters of detail.