Introduction

How and why judges decide to impose a particular sentence in an individual case has become a topic of intense public interest. It can be difficult to understand why sentences for those convicted of the same offence can vary so much. In cases of rape, for example, there have been instances where a person has received a life sentence while another person, convicted of the same offence, received a suspended sentence. While these types of cases may be very rare, such wide variety in outcome can sometimes generate public comment and controversy. When this happens, allegations of inconsistency in sentencing are often levied at the sentencing judge, as well as the system as a whole. Sentencing is one of the most publicly visible aspects of the criminal justice system. As a result, sentencing decisions can create a space for public debate, scrutiny and reflection on the purposes of punishment and the efficacy of the sentencing system.The discourse on sentencing tends to revolve around an individual decision that is perceived to be unduly lenient in a case that, for whatever reason, captures the public imagination. The facts of the case and the outcome are debated across social, print and broadcast media and, after some time, public interest 1 tends to wane as new stories emerge.