First Principles of Business Law

9.3. Taking account of community standards

Case study continued...  Remember, 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 explain why they were inside the burgled house, or how they came to possess the stolen goods.  

Suppose 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. Bob is a first offender but James has three previous convictions for theft. 

The judge, knowing all the facts, sentences Bob to four years in jail and James to five years in jail. 

Do these sentences seem just?