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LIV requests judicial independence for injuries to emergency workers
The LIV has called on the government to protect judicial independence and discretion by reneging on plans to introduce mandatory sentencing for individuals who injure emergency workers.
Grace Ormsby
In a statement, LIV highlighted government plans to introduce mandatory sentences for people who injure emergency workers, despite the proven ineffectiveness of mandatory sentencing to deter crime.
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It is calling for a repeal of mandatory sentencing legislation that removes Victorian judiciary discretion, while condemning plans to upgrade the injuring of emergency workers to a category one offence, which will place it in the same category as rape and murder.
LIV said the change “will disproportionately affect vulnerable members of the community, including those suffering mental health issues, young people who have suffered abuse, trauma, neglect and deprivation, and who have been involved in the child protection system.”
It will undermine well-established common law principles, the institute explained, in relation to sentencing discounts and proportionality, while neglecting guideline principles within the Sentencing Act 1991 (Vic).
While highlighting that justice reinvestment initiatives “have been shown to have a higher success rate in reducing recidivism and community safety,” the LIV asked the government to respect the “critical importance of judicial independence, the separation of powers and the rule of law.”
It requested the freedom of judges and magistrates to impose sentences be facilitated, to enable the recognition of individual circumstances of each case, and “allow for rehabilitative and restorative sentences to be imposed in appropriate cases where such sentences offer the greatest benefit to the community.”
Further, the request was extended to include respecting of “the expertise, experience and skill of Victoria’s judge and magistrates.”
LIV’s president Belinda Wilson re-iterated these calls, and said “Victoria’s magistrates and judges must have discretion when it comes to sentencing and have the flexibility to deal with every case on an individual basis.”
“Mandatory sentencing removes the discretion of courts to decide a penalty which fits the individual circumstances of the crime and the offender,” she continued.
LIV’s last recommendation called for “an end to political attacks and public criticism by government and opposition, including politicians, public servants and police,” it said is undermining the justice system’s authority.
