Webb3 nov. 2024 · Sentencing Purposes. Section 5 (1) of the Sentencing Act 1991 (Vic) sets out the only purposes of sentencing an adult in Victoria. These purposes are: just punishment – to punish the offender to an extent and in a way that is just in all the circumstances. deterrence – to deter the offender (specific deterrence) or other people (general ... Webb18 juli 2024 · A proportionality principle proscribes, or weighs against, 11 disproportionate punishments. But punishment could be disproportionate, relative to the relevant offense or offender characteristics, either by being too severe or by being too lenient.
Proportionality, Constraint, and Culpability SpringerLink
Webb24 okt. 2024 · talk of retributive justice in punishment draws on two quite different values: the idea that punishments should be arrayed so that offenders get the right relative amount of punishment and so that they get what they deserve in an absolute sense. These values reflect two different senses of proportionality, which I refer to as relative and absolute … Webb2. Proportionality of punishment: conceptual overview It was during the presence of the code of Hammurabi and the mosaic code that the concept of proportionality of … brandy mr whiskers 111a
CJEU Case C-269/22 / Judgement European Union Agency for …
Webb17 feb. 2024 · The theory of Retributive Punishment is based on two core principles, desert and proportionality. The two principles are interlinked, the punishment has to be proportional to the crime committed. The principle of desert in philosophy refers to the condition of being deserving of something, whether good or bad. Webbis proportionality of a punishment decided by society itself ? some countries have death penalty for things like adultery and drug consumption offences. which makes me question , if proportionality is basically "whatever society deems fit" then isn't the whole concept of proportionality undermined ? since it just becomes populism and society can just decide … WebbThe principle of proportionality-that penalties be proportionate in their severity to the gravity of the defendant's criminal conduct-seems to be a basic requirement of fairness. Traditionally, penal philosophy has included a utilitarian tradition (dating from Bentham), which disregarded proportionality concerns, and a retributive tradition (dating from … brandy m thornton