Attorney-General Vicky Chapman says guilty-plea discounts will be cut to 25 per cent under new laws delayed by COVID-19
The state’s top lawmaker says she will slash guilty-plea discounts for sex predators, blaming COVID-19 for the delay and judges for failing to “exercise flexibility” when sentencing criminals.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
- September 2010: Labor introduces sentencing discounts
- September 2018: Libs vow to review discount laws
- July 7, 2020: Sex offender’s sentence slashed 40pc for guilty plea
- July 13, 2020: Labor Opposition moves to cut sentencing discounts for child sex ‘monsters’
- How to get the most out of your Advertiser digital subscription
Sentencing discounts for serious sex and violence offenders will be slashed to just 25 per cent under imminent legislative change, the State Government says.
Attorney-General Vickie Chapman has also criticised judges for failing to “exercise flexibility” in sentencing, and giving criminals 40 per cent discounts “almost without exception”.
Responding, on Monday, to the State Opposition’s push to change the laws, Ms Chapman insisted the government’s bill had been delayed by the COVID-19 pandemic.
“In 2010, the previous government (created) the very substantial discount of 40 per cent – it was unacceptable then, it remains so today,” she said.
“Our reforms will (create) a reduction, for early guilty pleas, of 25 per cent for serious offenders and 35 per cent for others.
“Regrettably, COVID-19 and other such activities have taken up Parliamentary time and has made some of our legislation a little delayed.”
On Sunday, the Opposition announced it would move a draft bill to reduce sentencing discounts given to serious offenders in exchange for guilty pleas.
Under current laws, written by Labor while in office, offenders receive up to 40 per cent off their penalty for early pleas, down to 10 per cent for pre-trial confessions.
Labor’s push followed Blair Athol toilet block sex offender Hamzeh Bahrami having three years wiped off his term for abusing a girl, 10.
Although the government commissioned a review two years ago – which last year recommended discounts be reduced – it took no legislative action.
On Monday, Ms Chapman noted the existing laws offered a discount of “up to 40 per cent” to offenders and did not require judges to give the full amount.
“The judiciary has not exercised discretionary flexibility,” she said.
“Early pleas for serious crimes have been awarded 40 per cent (discounts), almost without exception.”
She said the government’s bill was near completion and would reflect the recommendations of that review.
The government had taken time to ensure the “plight of victims” was “properly balanced” with the needs of the administration of justice, she said.
“We think there is a right balance, and we think we are near the resolution of that,” she said.
Ms Chapman said Director of Public Prosecutions – and former judge – Martin Hinton SC was having “a new look” over the proposed legislation.
Any appeal against Bahrami’s sentence, she said, was a matter for Mr Hinton.
“I’m very confident in our DPP who has demonstrated, since his appointment, his preparedness to make decisions to challenge sentences,” she said.
Supreme Court Chief Justice Chris Kourakis declined to comment on Ms Chapman’s statement.