A Rational Approach To Sentencing White- Collar Offenders in Australia

Bagaric, Mirko and Alexander, Theo 2014, A Rational Approach To Sentencing White- Collar Offenders in Australia, Adelaide Law Review, vol. 34, no. 2, pp. 317-349.

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Title A Rational Approach To Sentencing White- Collar Offenders in Australia
Author(s) Bagaric, Mirko
Alexander, Theo
Journal name Adelaide Law Review
Volume number 34
Issue number 2
Start page 317
End page 349
Total pages 33
Publisher Adelaide Law Review Association
Place of publication Adelaide, South Australia
Publication date 2014
ISSN 0065-1915
Summary There are no overarching (and few settled) principles governing the sentencing of white-collar offenders. This is especially the situation in relation to the relevance of public opprobrium to the sentencing calculus and the manner in which employment deprivations stemming from the penalty impact on the sentence. To the extent that there is general convergence in the approach to sentencing white-collar offenders, the approach is often not sound. This is the case in relation to the minor sentencing discount accorded for previous good character, and the prevailing orthodoxy which assumes that offences targeted at major institutions, such as banks, meaningfully impair community confidence in such institutions. Fundamental reform of the manner in which white-collar offenders are sentenced is necessary in order to make this area of law more coherent and doctrinally sound. These reforms include providing a significant and pre-determined discount for restitution, reducing the weight given to general deterrence in the sentencing calculus, and providing a greater discount for previous good character and employment deprivations suffered as a direct result of the sentence. Further, crimes against individuals should be regarded as being more serious than those committed against large corporations or the public revenue. The article focuses on the existing law in Australia, however, the reform proposals and doctrinal analysis could be applied to all jurisdictions.
Language eng
Field of Research 180110 Criminal Law and Procedure
Socio Economic Objective 940405 Law Reform
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Persistent URL http://hdl.handle.net/10536/DRO/DU:30060449

Document type: Journal Article
Collections: Faculty of Business and Law
School of Law
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