Pubdate: Wed, 22 Nov 2006
Source: Herald Sun (Australia)
Copyright: 2006 Herald and Weekly Times
Contact:  http://www.heraldsun.news.com.au/
Details: http://www.mapinc.org/media/187
Author: Ellen Whinnett and Ashley Gardiner
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

LIBERALS TOUGHER ON CRIME

RAPISTS will be jailed for a minimum of 10 years and murderers for 20
years under the Liberal Party's law and order policy.

In the biggest proposed shake-up of sentencing laws in Victorian
history, Opposition Leader Ted Baillieu vowed to take discretion away
from judges and enforce minimum jail terms for violent criminals.

Arsonists, armed robbers and pedophiles also are set to face mandatory
minimum jail terms.

The tough plans were welcomed by victims' groups but condemned by
social justice campaigners and the Labor Government.

Mr Baillieu said action was needed with murder, rape, indecent assault
and other sex crimes on the increase over the past seven years under
Labor.

"Labor has failed in its duty of care to Victorians," he
said.

"A Liberal Government will provide the resources and support for
police, justice and corrections officers to uphold the law and make
communities safer."

A Liberal Government also would introduce:

ANTI-SOCIAL behaviour orders, where police would have the power to
issue non-criminal orders on people causing a public nuisance or
behaving in an intimidating way.

AUTOMATIC prison terms for people who breach community service orders
three times or more, known as "three strikes and you're in".

PROVISIONS for young criminals aged under 17 years to be publicly
named and identified.

BANS on home detention.

A FURTHER 800 police.

THE broadening of extended supervision orders to cover all serious
offences including murder and rape.

The Liberals have decided on the 10-year and 20-year minimum terms for
rape and murder, but would ask the Sentencing Advisory Council to set
the minimum benchmarks for other serious crimes including arson
causing death, some child sex abuse charges and kidnapping.

Mr Baillieu denied that all discretion would be taken away from
judges, saying they would still have discretion to depart from the
minimum sentences but would have to justify their decision in writing.

Cases where the judges departed from the minimum sentences would be
subject to an automatic right of appeal by the Director of Public
Prosecutions.

Crime Victims Support Association spokesman Noel McNamara welcomed the
policy, saying it was a great step forward and something victims had
wanted for seven years.

"We're apolitical but we'll be encouraging everyone to vote for them
(the Liberals) because we think it's a great step forward," he said.

Victorian Council of Social Service CEO Cath Smith said mandatory
minimum sentences were unjust and would not bring crime rates down.

"Fixing mandatory minimum sentences for all serious offences will put
more vulnerable people in prison," she said.

The Liberals did not include any costings for a new prison in their
policy.

Liberals justice spokesman Andrew McIntosh said the 200-bed prison
announced on Sunday for drug traffickers would free room in prisons.

Statistics show that the average minimum sentence for female murderers
in the past five years in Victoria is 12.9 years, while male murderers
in the past five years have received an average minimum sentence of
14.4 years.

The average minimum sentence for rapists in the past five years is
4.75 years   significantly less than the Liberals' planned 10-year
minimum term.

Police Minister Tim Holding said the policy was cheap and populist.
"Our policy is that we do not support minimum mandatory sentencing
because they fetter judicial discretion," he said.
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MAP posted-by: Richard Lake