Denunciation
“[C]ommunity delegates to the court the task of identifying, assessing and weighing the outrage and revulsion that an informed and responsible public would have to criminal conduct” (Inkson v The Queen (1996) 88 A Crim R 334 at 345).
Denunciation involves elements of shaming and is often linked to deterrence: “people who are considering using the internet…to attempt to make contact with young people with a view to corrupting or sexually exploiting them must now be on notice that such behaviour will be likely to result in a salutary penalty generally involving terms of actual imprisonment” Burdon (2005) 153 A Crim R 104.
Denuncation can be indicated partly by the length of sentence but does not always require imprisonment.
▫Eg. R v Stephens [2006] QCA 123 - Denunciation resulted in an increased fine.
Relevant specifically to offences:
* Of violence or sexual offences against children.
* Undermining confidence in the legal system, eg. police, lawyers.
▫Pangallo (1991) 56 A Crim R 441 ‘the crime of bribery is always to be regarded as one which strikes at the very heart of the justice system and it must be severely punished whenever it is detected…Solicitors as part of the legal profession, are expected to conduct themselves…with honesty’.
▫Fingleton [2003] QCA 266 ‘[u]nless witnesses can feel confident that they will not be victimized for giving evidence freely and voluntarily, many will not be prepared to do so and the ends of justice will be defeated.’