Make Them Pay: Proposed Sentencing Reforms For Fraud Offences

Written by: and
11 November 2022
Make Them Pay: Proposed Sentencing Reforms For Fraud Offences - Featured image
  1. The objectives of the criminal justice system should be to ensure that incarceration is preserved for violent offenders and those who have perpetrated crimes of a sexual nature. The incarceration of low-risk, and non-violent offenders adds significant economic and social costs without delivering a benefit to the community in terms of improved safety outcomes.

  1. The NSW government should recognise that the use of the prison system should be reserved for the most fearful and threatening offenders, those who must be incapacitated to reduce harms to society. By definition, white-collar criminals are non-violent who pose no physical threat to society. Incarceration should be a solution for only the most threatening to society. In the case of white-collar criminals, the aims of punishment can be equally achieved through other means, such as garnishing wages, severe financial penalties, and technological incarceration, which may be more effective at incapacitating white-collar criminals from recidivism.

  1. In sentencing fraud offenders, courts should take into account three key considerations: (i) community protection; (ii) the principle of proportionality (the punishment should fit the crime); and (iii) the interests of victims, which is best promoted through reparation.

Download the research report for the full analysis.

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