First Principles of Business Law

9.2. Deciding similar cases

Case study:  Bob and James are both found to be in possession of stolen goods worth $100.  Fingerprint evidence indicates that both Bob and James were present in a recently burgled house from which the goods in question were taken.  They cannot satisfactorily explain why they were inside the burgled house, or how they came to possess the stolen goods. 

Assume that the unauthorised taking of another person’s property is a criminal offence, namely theft.  Suppose also that the penalties for theft include a period of imprisonment not exceeding five years. 

The judge convicts both Bob and James of the crime of theft.  Before sentencing  them, the judge hears evidence that Bob is a first offender but that James has three previous convictions for theft.  The judge sentences Bob to six months in jail.  She sentences James to 2 years in jail.  On the given facts, which is the best answer to each of the two questions below?

1. Is it fair to find both Bob and James guilty of the crime of theft? 

2. It is fair that Bob and James received different punishments?