Sunday, July 17, 2011

Take him down.

To what extent is it proper for a court to use its sentencing power to "send a message" by making an example of a particular defendant?  The question arises because of the apparently draconian sentence of sixteen months' imprisonment meted out to a young man of previously good character who joined the demonstration against tuition fees, and got tanked up and behaved in a disgraceful manner for which he subsequently apologised.  It is difficult to see how the sentence is justified on any other ground than that of laying down a marker for others to take note of.  Which brings us back to the original question - is that a proper basis for sentencing?

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