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6 Pages • Essays / Projects • Year Uploaded: 2021
Sentencing Principles The process of sentencing allows for wide judicial discretion to be used in individual cases, acknowledging the existence of individualised justice as mandated in the case of Elias v the Queen (2017). The sentencing process, crucially, must inherently be considerate of the two main theories of punishment punishments: the utilitarian theory and the retributive theory, doing so in a manner that is in mindfulness of both objective and subjective circumstances of which may increase or lessen the appropriate, proportionate and reasonable sentence for a criminal offence. As a result of this fraught distinction that a punishment which is proportionate to criminal conduct maintains and balances the rights and interests of the community and the offender, attempting to rectify and strike a balance to the highly provocative and volatile relationship between each stakeholder. Thus, the purpose of punishment must be materialistically beneficial to the deterrence of society to future criminal conduct, but must also, in a sense, be a justifiable and proportionate moral response to crime, again reiterating a primary purpose of criminal sentencing to deter future criminals.
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