ABSTRACT
An important aspect of the recent divergence in the law of penalties in decisions of ultimate appellate courts in three ‘common law’ jurisdictions reflects the pervading influence of statutes. ‘Common law and statute are more fully integrated than has traditionally been thought’, and in the area of penalties, the interaction is deep and operates in multiple dimensions. The main theme of this article is that rather than arguing which outcome is ‘better’, much that is of value may be observed from how the differences have emerged.
Leeming, Mark, Penalties in Australia, the United Kingdom and Singapore – Storm-Warnings, Statutes and Style (September 10, 2022), (2022) 51 Australian Bar Review 377-390.
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