The Irrelevance to Sentencing of (Most) Incidental Hardships Suffered by Offenders

38 Pages Posted: 3 May 2016 Last revised: 18 May 2016

See all articles by Mirko Bagaric

Mirko Bagaric

Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School

Lidia Xynas

Independent

Dr Victoria Lambropoulos

Central Queensland University

Date Written: 2016

Abstract

Criminal offenders often experience hardships beyond the imposition of a court-imposed sanction. These hardships typically take a variety of forms, but can be grouped into a number of relatively well-established categories, including loss of employment, public opprobrium and injuries sustained during or around the time of the commission of the crime. Other examples are deportation from Australia and the imposition of traditional forms of punishment.1 Collectively, these harms are termed incidental hardships or extra-curial punishment.2 Formally, extra-curial punishment is defined as a ‘loss or detriment imposed on an offender by persons other than the sentencing court, for the purpose of punishing the offender for his [or her] offence or at least by reason of the offender having committed the offence’.

Suggested Citation

Bagaric, Mirko and Xynas, Lidia and Lambropoulos, Victoria E, The Irrelevance to Sentencing of (Most) Incidental Hardships Suffered by Offenders (2016). University of New South Wales Law Journal, Vol. 39, No. 1, 2016, Deakin Law School Research Paper No. 16-17, Available at SSRN: https://ssrn.com/abstract=2773914

Mirko Bagaric (Contact Author)

Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School ( email )

Hawthorn
Hawthorn
Burwood, Victoria 3000
Australia

Lidia Xynas

Independent ( email )

Victoria E Lambropoulos

Central Queensland University ( email )

Capricorn Highway
Emerald, QLD 4720
Australia

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