Mandatory sentencing has long been a topic of contention in Australian law, with a burgeoning divide in opinion as to its role and efficacy in society.
How Mandatory Sentencing Works
Put simply, mandatory sentencing laws allow parliament, rather than the Court, the ability to prescribe penalties for particular offences, effectively removing the discretion of the Court whether or not to impose terms of imprisonment. This is problematic in that it not only impinges the principle that imprisonment should only be imposed as a last resort, but also fosters a “one sentence suits all offenders” mentality resulting in prejudice and injustice, particularly against young people and people with no, or negligible, criminal history.
Mandatory Sentencing in Criminal Offences
Many people have heard of mandatory sentencing laws in Western Australia for criminal offences; for example, in murder, sexual assault, assaulting a police officer or home burglary matters where the offender has two previous “strikes” against them regardless of the offender’s personal situation and circumstances of the offence.
Mandatory Sentencing in Traffic Matters
However, mandatory sentencing can also apply to traffic matters, such as reckless driving in circumstances of aggravation (such as to evade police pursuit). If convicted, the offender faces a mandatory minimum term of imprisonment of 6 months, which cannot be suspended. The offender will also be subject to a mandatory minimum disqualification of their driver’s licence for at least 2 years.
The Dilemma Faced by Offenders
Put into context, the same mandatory sentencing will be applied whether the offender has committed several traffic offences in their history, or whether they are a young person with absolutely no previous convictions at all. So, what do you do? Plead Guilty at an early opportunity, knowing the minimum sentence (at least) will be imposed? Plead Not Guilty and take your chances at trial? It largely depends on the available evidence.
Seeking Alternatives to Mandatory Sentencing
One option which may be available is to confer with police as to the particular charge to ascertain if they will consider amending it to one that does not attract a mandatory term of imprisonment.
The Effectiveness of Mandatory Sentencing
While this offence is inarguably of a serious nature and poses significant concerns in the community, in reality it is questionable whether mandatory sentencing in traffic matters acts as an effective deterrence to offending. On the contrary- placing offenders in the criminal justice system without proper consideration of the extenuating circumstances in context may only serve to increase the likelihood of reoffending and place additional, unnecessary strain on court and penal resources.
Conclusion and Legal Assistance
If you are seeking further legal advice on this issue or require assistance in a criminal or traffic matter where mandatory sentencing may apply, please call Appius Lawyers and speak to one of our experienced solicitors.
