WebJun 5, 2012 · This chapter explores the practical application of the proportionality principle in English sentencing. After examining the relevant provisions of the Criminal Justice Act … WebHamilton C.J. noted that the principle of proportionality is by now a well-established tenet of Irish constitutional Law. He stated that while it had surfaced obliquely in Cox v. Ireland 5, it was applied more thoroughly in Heaney v. Ireland. The Principle of …
Chapter 3: Sentencing: To Punish or to Reform? Flashcards
The Proportionality principle serves as a golden thread in sentencing. Proportionality has been described as a principle that runs through the gamut of sentencing decisions: Mohamed Shouffee bin Adam v PP [2014] 2 SLR 998 at . The High Court in Mohamed Shouffee bin Adamstated at : The notion of … See more Where a sentencing framework is in play, the general practice is that the court first identifies the appropriate sentencing range on the basis of the harm caused and … See more The escalation principle is a reformulation of the longstanding principle that specific deterrence may justify a longer term of imprisonment being imposed on … See more In considering the harm caused and the culpability of the offender, ordinal and cardinal proportionality must be considered (see, for example, PP v Holman … See more Two fundamental principles underlie the Proportionality principle – the control principle and the outcome materiality principle: Guay Seng Tiong Nickson v PP [2016] … See more WebSuch a rights-based approach also has an important place for the retributive notion of just deserts, but strict proportionality is rejected in favour of an approach whereby the offender's just deserts set upper and lower limits on the sanctions which … michelin primacy 4 vs primacy 4 st
The Centrality of Proportionality: A Golden Thread in Sentencing
WebThe principle of proportionality referred to by the Trial Chamber by no means encompasses proportionality between one’s sentence and the sentence of other accused. As correctly noted by the Trial Chamber, the principle of proportionality implies that “ [a] sentence must reflect the predominant standard of proportionality between the gravity ... WebThe Proportionality principle serves as a golden thread in sentencing. Proportionality has been described as a principle that runs through the gamut of sentencing decisions: Mohamed Shouffee bin Adam v PP [2014] 2 SLR 998 at [47]. The High Court in Mohamed Shouffee bin Adam stated at [47]: The notion of proportionate punishment is one of ... WebAs to the length of sentence, three majority Justices—Kennedy, O’Connor, and Souter—recognized a narrow proportionality principle, but considered Harmelin’s crime severe and by no means grossly disproportionate to the penalty imposed.19 Footnote Because of the “serious nature” of the crime, the three-Justice plurality asserted that there … how to cheat scantron