What is a fundamental principle of sentencing?

A fundamental principle of sentencing is that sentences must be proportionate to the gravity of the offence. This principle ensures that the punishment reflects the seriousness of the crime committed. By maintaining proportionality, the justice system aims to achieve fairness and justice, where more serious offenses result in more severe penalties, while less serious offenses receive lighter sentences. This principle helps to maintain public confidence in the legal system, as it acknowledges the varying degrees of harm caused by different criminal acts.

Uniformity across all offenders can overlook individual circumstances and the specifics of each case. While the idea of consistent sentencing may appear fair at first glance, it fails to account for the nuances that different cases present, such as the offender's background, intent, and mitigating factors.

Requiring that all sentences include probation does not align with the principle of proportionate sentencing. While probation can be a valuable component of rehabilitation, it should not be a blanket requirement for every case, as some offenses necessitate different forms of punishment to address the behavior appropriately.

Similarly, the notion that sentences must always be severe to deter crime ignores the complexity of criminal behavior and the effectiveness of various sentence types. Severity alone does not guarantee deterrence and can sometimes lead to negative consequences, such as overcrowding in prisons and excessive