Despite significant protests from key legal bodies and experts, the Victorian government’s controversial “adult time for violent crime” legislation has become law.
In a statement on Thursday (4 December) night, Victorian Attorney-General Sonya Kilkenny said she was “pleased” with new laws that will make it possible for children as young as 14 to be sentenced to a life behind bars.
“There are no easy solutions to youth crime, and the best approach is always to stop crime before it starts,” Kilkenny said.
“But we absolutely need serious consequences for violent youth crime to protect the community now.”
Under the new legislation, the offences of aggravated home invasion, home invasion, intentionally causing injury in circumstances of gross violence, recklessly causing injury in circumstances of gross violence, and aggravated carjacking have been removed from the Children’s Court’s jurisdiction.
Carjacking will also be uplifted to the County Court by default unless there are substantial and compelling reasons.
Additionally, any offences of aggravated burglary and burglary should be heard in the County Court if serious and repeated, legislative guidance will confirm.
The legislation was pushed through Parliament despite strong protest from key legal bodies, including the Victorian Bar, the Criminal Bar Association, and the Australian Lawyers Alliance.
Speaking to Lawyers Weekly for a premium feature, Criminal Bar Association executive committee chair, Christopher Carr SC, said the laws were a “huge departure” from the existing sentencing principles for youth crime.
Associate Professor Nadine Connell from Griffith University’s school of criminology and criminal justice added that there was “no evidence in the history of juvenile justice prevention and intervention that more punitive punishments are helpful”.
“Countries have the death penalty and still have homicide, so the belief that there is a coaction between the act and the punishment has been seen, over and over again, to be one that does not work for the vast majority of individuals who commit particularly serious crimes.
“If we know it is not working for adults, why in the world would we think it’s going to work for young people who are still sorting out their processing, their understanding of consequences, their long-term thinking?” Connell said.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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