Western Australia like Victoria has a raft of offences for which there are prescribed minimum mandatory sentences.
This means that even if an offender pleads guilty to such an offence at the earliest possible opportunity then the judge sentencing the individual has absolutely no discretion but to pass a minimum term of imprisonment.
Such a sentence has to be passed without regard to personal mitigation or mitigation arising out of the circumstances of the commission of the offence.
Parliament has effectively, in such instances, shackled the sentencing judge and removed any exercise of professional discretion or appreciation of the experiences of the weaknesses and frailties of human beings. Judges who are paid to judge and bring to bear their learning and experience are prevented from doing exactly this. This is a lazy response by Australian state parliaments effectively bringing into law a one size fits all approach to punishment irrespective of any other consideration. Judges become extremely well paid parking attendants and society is poorly misused: offenders, victims and their families alike: punishment ought to arise out of the concept of justice and not ignore it entirely.
‘Instruments of injustice’: Victoria’s highest court denounces state’s mandatory sentencing
The Guardian, Australia
APPEALS
Over many years Anthony has successfully appealed against convictions across the full range of criminal legislation and has been successful in reducing terms of imprisonment where first instances sentences were manifestly excessive or wrong in law.
