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Criminal procedure (sentence) — bribery — when fine appropriate
Although bribery is a serious offence which as a general rule warrants a custodial sentence, the general rule is subject to exceptions. Custodial sentences must not be imposed for this offence without any regard to the extent of moral blameworthiness of the offender.
In the present case the appellant had offered a $20 bribe to a policeman to release him when he was caught driving at night without a headlight and was suspected of drunken driving. After reviewing the relevant case law on sentencing for this offence, the court decided to substitute a fine for a short prison term because the appellant was a first offender and the offer of the bribe had been a spontaneous one made when the appellant was in a drunken condition. The bribe was not persisted in and was not enough to tempt an honest policeman.
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