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Where am I now? Lawlink > Law Reform Commission > Publications > List of issues

Issues Paper 20 (2001) - Sentencing: Corporate offenders

List of issues

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History of this Reference (Digest)



ISSUE 1
When, if ever, is it desirable to impose criminal sanctions on corporations, as opposed to civil and/or administrative penalties?

What should be the main aim(s) of sentencing of corporate offenders?

ISSUE 2
In what circumstances, if ever, is a fine an appropriate sentencing option for a corporation?

What factors should a sentencing court take into account when fixing the appropriate amount to impose as a fine on a corporate offender?

ISSUE 3
Which, if any, of the following sentencing options would be an effective sanction against a corporation, and in what circumstances: equity fines, publicity orders, corporate probation, community service orders, disqualification and dissolution.

Are there any problems or disadvantages in including these sanctions in the sentencing regime for corporations?

Are there other sanctions that should be included?

ISSUE 4
Should a sentencing court be entitled or required to consider a pre-sentence report in determining an appropriate sentence for a corporate offender? What information would be relevant to include in such a report?

ISSUE 5
Should legislation consolidate sentencing options for corporate offenders under a general sentencing scheme?




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