Abstract

The New South Wales Court of Criminal Appeal ('NSWCCA') continues to endorse the principle that victim impact statements drafted by family members of homicide victims, while being received into sentencing proceedings, cannot influence the sentences of offenders. Family perspectives on the impact of the death of the primary victim are restricted out of the need to assess harm in terms of the immediate circumstances of the offence, maintaining respect for the equality of human life. Despite this limiting principle, the NSWCCA acknowledges that impact statements continue to be important, providing, as indicated by Sully J in R v FD; R v FD; R v JD (2006) 160 A Crim R 392 ('R v FD; R v FD; R v JD'), an 'emotional catharsis' for victims of crime. However, recent amendments to the Crimes (Sentencing Procedure) Act 1999 (NSW) require that a court recognise the harm done to the victim and community. In the context of this amendment, the NSWCCA has suggested that the rule excluding family statements may now need to be revised to include the perspectives of family members as representing those of the community. This article explores this proposal in terms of the status of family statements in other jurisdictions where such statements are deemed relevant to sentence.