LAW 534 Chapter Notes - Chapter 12: Regulatory Offence, Mitigating Factor, Disturbance Storm Time Index
19 Oct 2014
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Sentencing is the risk management: it addresses the failure to prevent violation of the regulatory standard that embodies risk assessment. The regulatory standards set by the legislature may be either undermined or over-enforced by the courts at sentencing stage, if the risk calculations are not performed correctly. If the courts assesses a fine that is too low, this will have the effect of undercutting the risk assessment done by the legislature in creating the violation. [to some defendants, it may be simply worth the price of the fine to engage in the activity: alternatively, setting the fine too high may over-deter. True crimes: a new sentencing regime for organizations. Section 718. 21 cites a variety of principles and aggravating mitigating factors for sentencing organizations. It includes the costs of investigation and prosecution is part of the penalty that the regulated entity must pay.
