MANDATORY SENTENCING

I recently voted in favour of strengthening the hate crimes legislation because I believe there should be serious penalties for antisemitism and any hate crime based on a person’s race, religion, ethnicity, political opinion, sexual orientation or gender identity.   No one should be subjected to this type of public attack and I understand the fear felt by members of the Jewish community.

I did not support the inclusion of mandatory minimum sentencing in the legislation because there is no evidence that it works as a deterrent to reduce crime.  I believe it is important to let judges do their job - to consider all the circumstances of each case and determine an appropriate sentence and I trust in that process. Research shows that when shown all the circumstances of cases, 90% of the public agree with judges about appropriate sentences.

I note that both the Law Council of Australia and the Australian Law Reform Commission have consistently opposed mandatory minimum sentencing on the basis that it imposes restrictions on judicial discretion and undermines one of the fundamental principles of the rule of law – that the judiciary should be independent from the executive and legislative branches of government. 

I completely understand the community’s desire for greater consequences for hate crimes - they are abhorrent - but I feel it is important to act in accordance with fundamental legal principles when it comes to criminal law and not to be driven by kneejerk political forces.