Corporations that commit crimes should be subject to a wider range of penalties according to a NSW Law Reform Commission report released today.
The Report recommends that the penalties available in sentencing corporations should (in addition to, or place of, a fine) include:
The main sentence currently imposed on corporations in NSW is the fine. However, a fine is sometimes an inadequate penalty according to Law Reform Commissioner Professor Michael Tilbury:
'Companies are often able to treat a fine as a mere licence fee for illegitimate business operations. A fine may also convey the message that corporate crime is less serious than other crime because corporations can buy their way out of trouble.'
Copies of Report 102 may be obtained from the Commission on
www.lawlink.nsw.gov.au/lrcor (02) 9228 8230.
Professor Michael Tilbury, Full-time Commissioner (02) 9228 8230