Expressing a Justiciable Role for Family Victims in New South Wales Homicide Cases

Where a victim dies as a result of an offence, a family victim impact statement may be tendered detailing the trauma occasioned to that family member. All states except NSW allow such statements to be considered during sentencing. Currently, NSW excludes the consideration of family statements on the basis that they may value the deceased's life as greater than another. This article reconsiders this rule by examining recent cases suggesting the relevance of family statements to the sentencing process