However, there are always exceptional cases and special circumstances. The adoption of a system of guideline judgments will enable the courts to structure the exercise of discretion, whilst retaining the ability of the trial judge to adapt a sentence to the facts of the particular case. The guidelines which will, in the future, be issued by the CCA will not propound rules that have to be followed in every single case. Rather they will provide indicators, departure from which will be explained in the published reasons of sentencing judges. Consistency in sentencing does not mean that all judges must adopt the same approach.
Judges reflect the wide range of differing views on such matters that exist in the community.
However there are limits to the permissible range of variation. It does not appear that the normal course of appeals against sentences has been able to satisfy significant sections of the community that consistency in sentencing does occur. The system of guideline judgments is designed to promote such consistency and to confirm public confidence in the administration of criminal justice. The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do.