ALRC report calls for greater creativity and flexibility in corporate sentencing.
Commonly cited purposes of sentencing an offender include:
- denouncing the conduct of the offender;
- ensuring that the offender is punished justly for the offence;
- deterring the offender and others from committing the same or similar offences;
- promoting the rehabilitation of the offender;
- protecting the community by limiting the capacity of the offender to re-offend; and
- promoting the restoration of relations between the community, the offender, and the victim.
However, when the offender is a corporation, which has ‘no soul to damn, no body to kick’,i are these purposes still pertinent, or even feasible?