Wednesday, December 26, 2012
Lorana Bartels (University of Canberra - School of Law and Justice) has posted Sentencing Scammers: Law and Practice (Trends and Issues in Crime and Criminal Justice No 443, Australian Institute of Criminology, 2012) on SSRN. Here is the abstract:
Consumer fraud costs Australians almost $1b a year and most of this fraud involves scams in which individuals are persuaded to part with an upfront, or advance, fee, with the promise of large financial or other gain in the future.
In this paper, consideration is given to the sentencing issues that apply in cases of this nature. In particular, the author examines the application of the key sentencing purposes, such as deterrence and rehabilitation, and the sentencing principles applied by courts, such as the proportionality principle, and the challenges that may arise in this context.
Key sentencing factors often cited in aggravation or mitigation are also reviewed, before an examination of some of the issues relating to specific sentencing options is undertaken. This paper goes some way in providing a brief analysis of sentencing practices. However, further research is required to better explore how sentencers respond to consumer fraud matters.