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Where am I now? Lawlink > Law Reform Commission > Publications > Report 102 (2003) - Sentencing: Corporate offenders
Report 102 (2003) - Sentencing: Corporate offenders TABLE OF CONTENTS Terms of reference OVERVIEW
THE INCIDENCE OF CORPORATE OFFENDING
Higher Courts 2. Corporate criminal liability
Vicarious liability
Corporate fault
Corporate liability for death and injury The Commission’s view
Why prosecute the corporation? 3. Sentencing objectives INTRODUCTION
Reparation 4. Factors relevant to sentencing FACTORS OF GENERAL APPLICATION
A LEGISLATIVE RESTATEMENT
Mitigating factors 5. Range of sentences
Probation Other penalties RECOMMENDATIONS AS TO OTHER OPTIONS
Separate provision Separate, non-exclusive orders 6. Fines IS THE FINE AN APPROPRIATE PENALTY?
Ineffectiveness in rehabilitating offenders Ineffectiveness in denouncing corporate offences Adverse effects on third parties Difficulty of enforcing fines The Commission’s view
Consistency in fines Optimal penalties model The US Guidelines on sentencing organisations Relevance of US Guidelines in New South Wales 7. Equity fines
Spillover Compensating victims Greater deterrence
Insufficient deterrence or rehabilitation Gravity of corporate crime not reflected Difficulties in administration Limited in application
Revocation or suspension of licences Disqualification from contracts Freezing of profits The Commission’s view
A fine to divest all assets of a company 9. Correction orders
Evaluation of corporate probation Adopting forms of corporate probation
Appropriateness of punitive injunctions Availability of punitive injunctions 10. Community service orders THE NATURE OF COMMUNITY SERVICE ORDERS
Australia
Involving the corporation’s personnel and resources in the community project Using a community service order in combination with other penalties The maximum cost of the community service project Securing compliance and supervision 11. Publicity orders THE RATIONALE OF PUBLICITY ORDERS
Adverse effects on the corporation’s business A threat to the corporation’s autonomy
New Zealand United States Australia
Courts as propagandists Getting the attention of the intended audience Counter-publicity Imposing the penalty selectively 12. Reparation NEW SOUTH WALES PROVISIONS
The position in New South Wales 13. A comprehensive sentencing regime JURISDICTIONAL LIMITS
Contempt of court Re-sentence or change the existing order Enforcing fines Enforcement by punishing individuals 14. Procedural issues
Submissions to the Issues Paper Providing information to the court
Victim impact statements
United States Sentencing Commission’s Guidelines Introducing attendance provisions in NSW The Commission’s view 15. Penalties imposed on related offenders THE PENALTY IMPOSED ON THE OWNERS OF A DEFENDANT CORPORATION APPENDICES Appendix A: Selected NSW statutes containing offences that carry TABLES |
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