Sentencing Amendment (Mandatory Sentencing) Bill 2022 Introduced Into Tasmanian Parliament

Monday 11 July 2022 @ 9.01 a.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

On 14 June 2022, the Sentencing Amendment (Mandatory Sentencing) Bill 2022 (“the Bill”) was introduced to Tasmania’s House of Assembly by Minister for Justice, the Hon Elise Archer. The Bill proposes amendments to the Sentencing Act 1997 (Tas) (“the Act”).

The Bill is currently before the House of Assembly.

Bill Detail

As noted in the Bill’s Explanatory Memorandum, the object of the Bill is to amend the Act to provide for mandatory minimum sentencing provisions. The Bill proposes amendments to the Act by inserting the following new provisions after existing Section 16A:

  • Section 16B - Mandatory imprisonment for certain sexual offences against children;
  • Section 16C - Application of Act where section 16B applies in relation to offence; and
  • Section 16D - Determination of whether exceptional circumstances exist under section 16A or 16B.

The mandatory minimum sentencing provisions proposed in the Bill will not apply where there are exceptional circumstances.

The provisions will also not apply to offenders who are under the age of 18 years at the time the offence was committed, or, in certain circumstances, to offenders who have impaired mental functioning that is causally linked to the offence.

Comment by the Minister

In her speech, the Minister said:

“This Bill ensures that an appropriate sentence of imprisonment is imposed and also preserves judicial discretion to impose above the mandatory minimum, to enable the Court to sentence according to the gravity of the offence in each case for these indictable crimes, under the Criminal Code Act 1924 (the Criminal Code) … introducing this Bill to provide for mandatory minimum sentences for serious child sexual offences is a very important and substantial step forward. These measures will promote consistency in sentencing and improve public confidence in the courts by ensuring that sentences reflect community views for these heinous crimes.”

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Sources:

Sentencing Amendment (Mandatory Sentencing) Bill 2022 (Tas) - Bill and supporting information available from TimeBase LawOne Service

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