Preston, Brian J. --- "Principled Sentencing for Environmental Offences" [2011] ELECD 317; in Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood (eds), "Compliance and Enforcement in Environmental Law" (Edward Elgar Publishing, 2011)

Book Title: Compliance and Enforcement in Environmental Law

Editor(s): Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448315

Section: Chapter 13

Section Title: Principled Sentencing for Environmental Offences

Author(s): Preston, Brian J.

Number of pages: 54

Extract:

13. Principled Sentencing for
Environmental Offences
Brian J. Preston*

1. INTRODUCTION
The making of laws is not an end in itself. Laws are to be complied with. If laws
are not complied with, the rule of law breaks down. There must be a substantial
level of enforcement otherwise the rule of law becomes devoid of meaningful
content. l
Compliance with and enforcement of law is also necessary for the achievement
of ecologically sustainable development. The courts have a critical role in ensuring
compliance, support for governance, and sustainable development. 2
One important way of enforcing the law is through the criminal justice system.
Sentencing is an important part of the criminal justice system and the upholding
of the rule of law. Determining appropriate punishment for criminal conduct is a
difficult but vital task.
The task is discretionary, but the discretion is structured. Within the last three
decades, the degree of structuring has increased. This corresponds with an
increasing disenchantment of the community, the executive and the legislature
with the sentencing decisions of the courts. The structures include prescribing the
maximum (and sometimes the minimum) penalties that may be imposed for
different offences, and the sentencing considerations that must be taken into
account.
The structuring also involves specifying the purposes for which sentences may
be imposed. The purposes reflect different penal philosophies. There is no
statutory guidance as to which purpose or purposes of sentencing should be
pursued for different types of offences or criminal conduct. That choice is left to
...