SA New laws to Affect Suspended Sentencing
Wednesday 23 October 2013 @ 1.25 p.m. | Crime
Repeat violent offenders as well as those convicted of serious and organised crimes including blackmail, corruption and drug trafficking will have access to suspended sentences significantly restricted under new laws passing through the South Australian Parliament.
The Criminal Law (Sentencing)(Suspended Sentences) Amendment Bill 2013 which last week passed the Legislative Council, now awaits final approval from the lower house before it can be assented into law.
The controversial amendments, widely supported by the State Government as well as Family First, have drawn critisism by South Australia’s legal community as an attempt to fetter the court’s discretion.
Under current provisions where a court has imposed a prison term, the court may suspend the sentence if it thinks there is a ‘good reason ' for doing so.
The proposed amendments apply to two groups of target offenders, repeat violent offenders and offenders involved in serious and organised crime, and change the test of when the court may suspend a term of imprisonment from 'good reason' to ' exceptional circumstances.’ Increasing the threshold to 'exceptional circumstances' means that the majority of offenders participating in organised crime including blackmail, corruption and drug making or trafficking are likely to be given mandatory jail terms.
The situation is similar for those convicted of causing serious harm, attempted murder or manslaughter of a police officer, rape, robbery, home invasion, kidnapping, shooting at police or starting a pursuit if the offence has occurred within three years of receiving a suspended sentence for a serious violent crime, including an offence committed as a youth.
Family First MP Dennis Hood said the public was tired of soft sentences for serious criminals.
"In all but exceptional circumstances, people committing these crimes should go to jail. Rehabilitation is a goal that should always be pursued, but public safety must be the absolute priority. These are very serious, violent crimes in which the community can't be put at risk."
However not everyone agrees. John White, Law Society President commented that the measures threatened to make court backlogs worse, as the incentive for people to plea and accept non-custodial sentences was removed. He also warned they restricted the independence of the courts and, along with a series of similar recent legal changes, could be open to a High Court challenge.
"This sort of a constant attempt by Parliament to cross over into the judicial area and interfere with the independence of the courts is on the whole regrettable."
Nevertheless South Australia's Attorney-General John Rau said the Government would support the changes.
"These laws will mean repeat violent offenders will be less likely to receive a suspended sentence and more likely to go to prison."
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
Sources:
Criminal Law (Sentencing) (Suspended Sentences) Amendment Bill 2013 Legislative Council Second Reading Speech as reproduced in TimeBase LawOne
