ABSTRACT
Utilitarianism has profoundly shaped sentencing practice and policy in many countries. However, a pure utilitarian approach to sentencing has been distorted by the politically sensitive nature of crime and punishment. This chapter discusses how a sentencing system would be framed if it were modelled on utilitarian theory of punishment and informed by empirical learnings regarding the sentencing objectives that can be achieved through a state imposed system of punishment. It emerges that the principle of proportionality would be the guiding determinant regarding the severity of punishment that should be imposed on offenders. In broad terms, this would lead to a bifurcated sentencing system which would reserve prison only for serious sexual and violent offences, with other offenders being dealt with by means of less severe sanctions, such as fines.
