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Geelong Deanery |
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Canberra 'Too Weak' on Mandatory SentencingPrime Minister Howard’s dithering between his personally-held views against mandatory sentencing and his government’s inaction is pathetic enough, but the evasiveness of Foreign Minister Downer’s comment about Australia’s role in white-washing the original draft of the UN report on mandatory sentencing is nothing short of shameful. Mr Howard’s defence of his personally-held view against sentencing rightly argues that mandatory sentencing laws prevent courts from exercising discretion when deciding the penalties to be imposed on offenders. The Geelong Catholic Social Justice Committee agrees and, further, holds to the view that ‘punishment fitting the crime’ is basic to our justice system. In fact, it is a basic right for all who live in a democratic society. To the extent to which the mandatory sentencing laws of WA and NT prevent judges and magistrates from exercising their discretion, these laws are plainly immoral as they prevent the magistrates from considering what is the ‘due’ of individual offenders, what is their basic right. So how can this threat of a fundamental tenet of our democratic life be removed? The State and Territory governments have refused to meet their moral obligations to repeal these laws. Consequently, the Federal Government, which has the legal power, has a moral duty to overturn these laws. The logic of this conclusion is clear cut, but the Federal Government, it would appear, is too weak to stand up to the State and Territory governments in what is a grave challenge to human rights in Australian and to the justice system. Gordon Snowdon, Coordinator, GSCJC (A letter originally published in the Geelong Advertiser, 30 March 2000) |
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