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The irrelevance to sentencing of (most) incidental hardships suffered by offenders

Bagaric, Mirko, Xynas, Lidia and Lambropoulos, Victoria 2016, The irrelevance to sentencing of (most) incidental hardships suffered by offenders, University of New South Wales law journal, vol. 39, no. 1, pp. 47-83.

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Title The irrelevance to sentencing of (most) incidental hardships suffered by offenders
Author(s) Bagaric, Mirko
Xynas, Lidia
Lambropoulos, VictoriaORCID iD for Lambropoulos, Victoria orcid.org/0000-0002-1818-777X
Journal name University of New South Wales law journal
Volume number 39
Issue number 1
Start page 47
End page 83
Total pages 37
Publisher School of Law, University of New South Wales
Place of publication Sydney, N.S.W.
Publication date 2016
ISSN 1447-7297
Summary Criminal offenders often experience hardships beyond the imposition of a court-imposed sanction. These hardships typically take a variety of forms, but can be grouped into a number of relatively well-established categories, including loss of employment, public opprobrium and injuries sustained during or around the time of the commission of the crime. Other examples are deportation from Australia and the imposition of traditional forms of punishment.1 Collectively, these harms are termed incidental hardships or extra-curial punishment.2 Formally, extra-curial punishment is defined as a ‘loss or detriment imposed on an offender by persons other than the sentencing court, for the purpose of punishing the offender for his [or her] offence or at least by reason of the offender having committed the offence’.
Language eng
Field of Research 180110 Criminal Law and Procedure
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, University of New South Wales Law Journal
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30083104

Document type: Journal Article
Collections: Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.