Right: Victorian Attorney-General Robert Clark, argues that the rehabilitation of a prisoner is not the only factor to be taken into account when passing a sentence. Another important factor is the protection of the community. Mr Clark argues that there are times when this is best achieved by locking the assailant up.
Arguments in favour of fixed minimum periods of detention for 16- and 17-year-olds
1. Fixed minimum periods of detention would act as a deterrent
In November 2010, the then Opposition leader and now premier of Victoria, Mr Ted Baillieu stated, 'Too often, current sentencing laws fail to deliver penalties that will protect the community and deter would-be offenders.
Three out of every four offenders convicted of intentionally causing serious injury receive a minimum jail term of two years or less.
We need to make it clear that those who deliberately set out to take part in violent attacks, or who continue to inflict horrific injuries on incapacitated victims, will spend a long time behind bars.'
Mr Baillieu said this measure would send a clear message that violent attacks on innocent Victorians would not be tolerated under a Coalition government.
The Government believes that judicial discretion is allowing potential offenders to expect that they will not receive a significant sentence. Under the provisions of the new law courts will only be able to impose a minimum sentence below two years in tightly defined exceptional circumstances. To qualify as "exceptional" the circumstances of the case must be so unusual that the court is entitled to assume Parliament would never have intended them to be covered.
2. Imprisonment would protect the community
The primary focus of the Baillieu government's policy regarding young, violent offenders is community protection.
The Victorian Attorney-General, Robert Clark, has stated that the rehabilitation of a prisoner is not the only factor to be taken into account when passing a sentence. Another important factor is the protection of the community. Mr Clark argues that there are times when this is best achieved by locking the assailant up.
Mr Clark has stated, 'When a violent thug inflicts premeditated gross violence on innocent victims, the community needs to be protected... Rehabilitation is not the sole consideration when sentencing juvenile offenders."
Mr Clark has further stated, 'We believe that the sentences that are being applied are way out of line with ... what's needed to achieve a safe community.'
Defenders of mandatory minimum terms argue that in addition to acting as a deterrent, a custodial sentence removes the young offender from the general community and so reduces that person's capacity to hurt anyone else.
Robert Clark has stated, 'What is absolutely clear is if offenders are off the streets, behind bars or in detention, they can't be out there re-offending and re-inflicting the sort of gross violence that is causing so much distress, so much anxiety in the community.'
3. Only assaults involving gross violence would receive these penalties
Defenders of this change in law have stressed that the mandatory sentences will be applied only to serious offences involving violence.
The Baillieu government has indicated that its proposed mandatory sentencing policy would affect youths whose violent crimes were intentional or reckless and caused serious injury, and where there was gross violence, such as the use of weapons, gang attacks or a continuation of an attack on incapacitated victims.
The premier, Mr Ted Baillieu has stated, 'Victorians are sick and tired of reading time and time again of horrific, unprovoked attacks that are leaving victims with terrible, life-long injuries.'
The premier then referred to some of the sorts of assault that would attract fixed minimum sentences. Mr Baillieu specified, '"A young man leaving a football game is king-hit from behind without warning, and then kicked in the head repeatedly, suffering permanent brain damage.
A student innocently walking home through a railway underpass is bashed by a gang until unconscious, and then left for dead.
A promising footballer is choked unconscious in a fast food restaurant before being flung to the ground.
Vicious kicking or stomping on the heads of victims is becoming commonplace, and the deliberate carrying and use of knives to inflict terrible wounds continues unabated.'
Mr Baillieu further explained, 'These attacks go way beyond spontaneous street brawls. They are part of a culture of extreme violence that threatens to change forever the generally law-abiding and peaceful way of life we have been so fortunate to enjoy in Australia.'
4. Such sentences are in line with community expectations
The Government maintains that current sentencing practice has undermined the community's faith in the operation of Victorian courts.
When announcing minimum two-year sentences for 16- and 17-yer-olds found guilty of crimes involving gross violence, the Attorney General, Robert Clark, stated, 'We believe that the sentences that are being applied are way out of line with community expectations and what's needed to achieve a safe community. And that's what we committed to legislate on in the course of the election campaign.'
While still leader of the Opposition, the now premier, Mr Ted Baillieu stated, 'Labor's soft on crime approach has allowed this problem to get to the point where Victorians no longer have confidence in the sentencing regime in this state...The community, through Parliament is entitled to - and needs to - set out in legislation what levels of penalties it expects to apply for various crimes. The courts then apply the law to individual cases.'
Mr Baillieu further noted, 'Victorians are sick and tired of seeing offenders receive hopelessly inadequate sentences time and time again when they destroy the lives of young people with drugs, or commit the most horrific of murders.'
The Government is equally of the view that Victorians want stiffer penalties applied to young offenders who commit serious crimes involving violence.
Referring to young offenders, Mr Baillieu similarly stated, '"Victorians are sick and tired of reading time and time again of horrific, unprovoked attacks that are leaving victims with terrible life-long injuries.'
5. The Government has a mandate to implement these penalties
The Baillieu government went to the electorate in November 2010 with a campaign that focused strongly on law and order issues. The Coalition pledged a safer train network with officers at all metropolitan railway stations; the abolition of suspended sentences; the end of home detention; harsher anti-hoon laws; banning violent drunks from licensed premises and a crack-down on criminal violent gangs.
Included in this law and order campaign was a promised review of sentencing and the introduction of fixed term minimum sentences for those who commit gross acts of violence - including those committed by 16- and 17-year-olds.
The new government has therefore claimed that it has a mandate to implement its policy regarding young violent offenders. Indeed the Attorney General, Robert Clark, has indicated that he believes that the government has an obligation to act on its election promises.