- Criminals still get out of jail free
- The Herald Sun
- 16/03/2009 Make a Comment
- Contributed by: The Rooster ( 258 articles in 2009 )
RAPISTS, armed robbers, drug traffickers, culpable drivers and arsonists are among hundreds of serious offenders being set free by Victorian judges.
Supreme and County judges handed out wholly or partially suspended sentences to 30 per cent of all offenders convicted in 2007-08.
Two years after sentencing experts and the government said suspended sentences should be abolished, judges continue to hand them out in serious cases.
Among those given wholly suspended sentences were four rapists, 23 armed robbers, 44 drug traffickers, two culpable drivers, seven arsonists, 23 people convicted of sexual penetration of a child and 14 convicted of intentionally causing serious injury.
Figures show 477 of the 2206 offenders dealt with by judges during the year were given wholly suspended sentences.
Another 176 serious offenders received partially suspended sentences.
Sentencing Advisory Council chairman Prof Arie Freiberg said he was surprised by the new figures, which suggested the law was "not operating as parliament intended".
"I am concerned that judges seem very strongly wedded to the view that the suspended sentence is a valuable sentencing option for them, and they basically maintain that view," Prof Freiberg said.
The Sentencing Act was amended on November 1, 2006, to allow judges to impose suspended sentences for serious crimes committed after that date only in exceptional circumstances.
The new law was intended to reduce the use of suspended sentences for offences including murder, manslaughter, intentionally causing serious injury, rape, sexual penetration of a child under 16 and armed robbery.
Offenders given wholly suspended sentences spend no time in jail unless they commit another crime during the period of suspension.
They are not required to perform any community service and are not subject to supervision, rehabilitation or treatment programs or conditions such as drug or alcohol testing.
The rate of suspended sentences imposed in the higher courts jumped from 27 per cent to 30 per cent in 2007-08.
Another 6195 offenders were given wholly or partially suspended sentences in magistrates' courts, which deal with less serious offences.
The percentage of offenders given suspended sentences in magistrates' courts rose from 6.7 per cent of all sentences to 7 per cent -- the equal highest rate ever recorded.
The State Government announced in May, 2006, that suspended sentences would be phased out over three years and totally abolished by December, 2009.
Its decision was in line with recommendations from the Sentencing Advisory Council, which said abolition of suspended sentences would result in "real truth in sentencing".
But in April last year, in its "Final Report Part Two", the council changed its position and said the corrections system could not cope with the influx of prisoners if suspended sentences were abolished.
Instead, it recommended changes to offer credible, effective alternatives to suspended sentences.
Supreme and County judges handed out wholly or partially suspended sentences to 30 per cent of all offenders convicted in 2007-08.
Two years after sentencing experts and the government said suspended sentences should be abolished, judges continue to hand them out in serious cases.
Among those given wholly suspended sentences were four rapists, 23 armed robbers, 44 drug traffickers, two culpable drivers, seven arsonists, 23 people convicted of sexual penetration of a child and 14 convicted of intentionally causing serious injury.
Figures show 477 of the 2206 offenders dealt with by judges during the year were given wholly suspended sentences.
Another 176 serious offenders received partially suspended sentences.
Sentencing Advisory Council chairman Prof Arie Freiberg said he was surprised by the new figures, which suggested the law was "not operating as parliament intended".
"I am concerned that judges seem very strongly wedded to the view that the suspended sentence is a valuable sentencing option for them, and they basically maintain that view," Prof Freiberg said.
The Sentencing Act was amended on November 1, 2006, to allow judges to impose suspended sentences for serious crimes committed after that date only in exceptional circumstances.
The new law was intended to reduce the use of suspended sentences for offences including murder, manslaughter, intentionally causing serious injury, rape, sexual penetration of a child under 16 and armed robbery.
Offenders given wholly suspended sentences spend no time in jail unless they commit another crime during the period of suspension.
They are not required to perform any community service and are not subject to supervision, rehabilitation or treatment programs or conditions such as drug or alcohol testing.
The rate of suspended sentences imposed in the higher courts jumped from 27 per cent to 30 per cent in 2007-08.
Another 6195 offenders were given wholly or partially suspended sentences in magistrates' courts, which deal with less serious offences.
The percentage of offenders given suspended sentences in magistrates' courts rose from 6.7 per cent of all sentences to 7 per cent -- the equal highest rate ever recorded.
The State Government announced in May, 2006, that suspended sentences would be phased out over three years and totally abolished by December, 2009.
Its decision was in line with recommendations from the Sentencing Advisory Council, which said abolition of suspended sentences would result in "real truth in sentencing".
But in April last year, in its "Final Report Part Two", the council changed its position and said the corrections system could not cope with the influx of prisoners if suspended sentences were abolished.
Instead, it recommended changes to offer credible, effective alternatives to suspended sentences.
Source: https://www.news.com.au/heraldsun/story/0,21985,25191522-2862,00.html
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