The extra-curial punishment principle in sentencing requires the offender to have suffered serious loss or detriment and to have been aware of the punishment; minor injuries of which the offender was unaware due to intoxication do not engage the principle. The majority held that the proper remedy for police misconduct is disciplinary, civil or criminal proceedings, not reduction of the offender's sentence. The dissent raises the unresolved question of whether police-inflicted punishment should be treated as a more serious form of extra-curial punishment given separation of powers principles.
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