Judicial Officers' Fraud and Corruption Advanced Course
Session 4: Sentencing
A presentation on Sentencing delivered by Justice Michael Wigney, Federal Court of Australia at the Advanced Judicial Officers’ Fraud and Corruption Workshop in Port Vila, Vanuatu, 12-14 March, 2024.
The session discussions included:
- General Principles
- Purposes of Sentencing
- Punishment and Retribution
- Protection of the community
- Deterrence
- Reform and Rehabilitation
- Instinctive Synthesis
- Relevant factors and considerations
- Yardsticks
- Proportionality
- Totality and course of conduct
- Parity
- Comparative Cases and Guideline Judgments
- Guideline judgments
- Imprisonment is a sentence of last resort
- Some procedural issues
Reading
- PDF Case scenario (PDF, 291 KB)
- PDF Discussion questions (PDF, 144 KB)
- PDF Case scenario suggested responses (PDF, 229 KB)
- YouTube Sentencing presentation (Justice Berrigan)
- PDF Sentencing presentation (Justice Berrigan) (PDF, 946 KB)
Important questions regarding Sentencing
- What are the general principles that underlie the law of sentencing?
- What is the general approach to take when sentencing an offender?
- What are the major factors and considerations that are likely to be relevant when sentencing for a fraud/ bribery/ money laundering offence?