Sentencing Corporations: Can the Punishment Fit the Crime?

LinkedIn article by Phoebe Tapley

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’, are these purposes still pertinent, or even feasible?