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Sentencing Objectives (Sentencing Act 1991 (Vic) s5(1) ((a) to punish the…
Sentencing Objectives
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SENTENCING OBJECTIVES
Just punishment
R v Radich* to protect the public for comission of such crimes by making it clear to the offender tand to the other person with simpialr impulses that if they yeild to them the y will meet with severe punsihment...it will prevent the comission of many (crimes) that would have been committed if it was thought that the offender could excape with out punishment or only light punishment.
Deterrence
specific deterrence - aims to discourage crime by punishing actual offenders for their transgressions and thereby convincing them that crime does not pay
general deterrence - seeks to dissuade potential offenders (under the threat of anticipated punishment) from enganing in unlawful conduct by illustrating the unsavoury consequences of offending.
evidence suggest that imprisonment does not deter offennders and may jsut corrupt them further - but there is no evidence of either deterrnece or rehabilitation
marginal general deterrnece - concerns the correlation between the severity of the sanction and the prevalence of the offence
absolute genreal deterrance concerns the threshold question adn to whether ther is any connection between the crinimal nsantcion s of whatever nature and the incidence of criminal conduct
R v Radich - cheif purpose of criminal law is to deter those who are temted to breach its provisions
DPP v Gregory - general deterrance in a significiatnt consideration in white collar crime and good character can not be given undue significance as a mitigating factor and plays a lesser part in the sentencign process.
R v Bryan - public places must be safe - generel deterrnece is relevant to most offences incl where public safety is an isse; it inclvolves a breach of trust; where vulnarable groups neesd protection. It is an important factor in dtermiinsing a sentecnce in relation to to frug distrubution offences, tax and social fraud.
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Community protection
Channon (1978) 20 ALR: the necessary and ultiamate justification for crinimal sanctions is the protection of socieety from conduct which the law proscrubses. Criminal sanctions are purposive and they are not inlflicted judicially except for the purpsoe of protecting society;nor to an extent beyond what it necessary to achieve that purpose.
Batemant: the court should not be influenced by inflammatory articles in the press but cannot remain unaware of public disqueit
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