The essential concepts guiding sentencing would the judge be ignoring in this case is Proportionality.
What is Proportionality?
- The principle of proportionality implies that the court will examine the benefits and drawbacks of an administrative action for itself, and that such an action will only be upheld as lawful if and only if the balance is in favor of benefits. [5] If this course of action is out of proportion to the harm, it will be stopped.
- Since the Civil Procedure Rules were implemented, proportionality has been the guiding principle for all legal proceedings (CPR). It alludes to the idea of obtaining a fair outcome in court with reasonable promptness and expense.
- EU legislation generally adheres to the notion of proportionality. By requiring them to find a balance between the means employed and the intended goal, it limits the use of authority by authorities.
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