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Home > Drugs: the judicial response (continued from May issue).

Charleton, Peter and McDermott, Paolo (1998) Drugs: the judicial response (continued from May issue). The Bar Review , 6 , pp. 370-374.

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This paper examines the difficulty in applying simple determinate sentences, except for those deserving of the highest possible punishment. It is argued that in sentencing what every court is aiming for is not uniformity of sentence, which is impossible, but of uniformity of approach. One of the problems addressed here is the scale of difference between a commercial dealer and the helpless addict. Also discussed are those sentenced as couriers, students, social suppliers of drugs and those supplying drugs for a third country. Suggestions are made for leniency for those who assist investigations. Finally it is suggested that rather than use simplistic legislative models that, for example, relate quantity of drugs to sentence, alternatives to imprisonment such as treatment should be considered.


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