The Law Society of Tasmania says it is concerned proposed amendments to sentencing laws for sexual offences could challenge the discretion of the judicial system.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The state government has debated a bill, which would prevent courts from considering good character as mitigation for certain sexual offences.
The bill also seeks to add a list of aggravating factors that contribute to the severity of sexual offences.
Law Society of Tasmania President Matthew Verney said the proposed changes would not improve current judicial process.
“There are instances where of its own volition the court has still imposed a very heavy penalty despite someone’s good record,” Mr Verney said.
“If the circumstances of the crime warrant that being the outcome then it’s not necessary in our view – in fact it’s contrary to the interests of justice – for the court to be required to ignore someone’s good record.”
Mr Verney said a list of aggravating factors that included, but was not limited to, nine factors was too broad.
The list includes the victim being in the care of the offender, the offender giving the victim drugs or alcohol and the victim being a person with disability.
“Any list that is done on the basis of ‘includes, but not limited to’ gives no certainty,” Mr Verney said.
Government spokesperson Michael Ferguson said the bill aimed to better inform the community.
He said the proposed changes would provide a clearer picture of what adds to the severity of a sexual crime.
“Setting out a definition of aggravating circumstances in legislation will provide greater transparency in the sentencing process,” Mr Ferguson said.
Shadow justice minister Lara Giddings said Labor would support the bill but acknowledged concerns the government was interfering with judicial process.
The Greens are in support of the bill but have put forward a minor amendment in regards to the language used.