Sentencing discount laws to pass state parliament, stopping criminals winning huge cuts to jail time
Laws to slash huge sentencing discounts for serious criminals – some of which have won 40 per cent cuts to jail terms – are set to be passed by state parliament.
Police & Courts
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Laws to stop serious criminal offenders from receiving huge penalty discounts for entering early guilty pleas have been passed by State Parliament.
The State Government’s legislation, which abolishes the ability to slash jail sentences by up to 40 per cent for early guilty pleas, were passed by the Upper House on Tuesday.
The Lower House passed the bill last month.
Attorney General Vickie Chapman said the legislation aimed to “strike the right balance between encouraging early guilty pleas, while ensuring justice is seen to be done”.
“Clearly, a 40 per cent reduction was seen as far too lenient, and this new regime should give the community greater faith in the sentences handed down in these serious matters,” she said.
Ms Chapman said the legislation “corrects a problem created in 2013 when the former Labor Government introduced discounts of up to 40 per cent for serious offenders entering an early guilty plea”.
“Forty per cent discounts for indictable offences for an early guilty plea have resulted in far too many sentences that didn’t reflect the seriousness of the crime,” she said.
Ms Chapman said the legislation “corrects a problem created in 2013 when the former Labor Government introduced discounts of up to 40 per cent for serious offenders entering an early guilty plea”.
“Forty per cent discounts for indictable offences for an early guilty plea have resulted in far too many sentences that didn’t reflect the seriousness of the crime,” she said.
Under the Government’s proposed legislation, the sentencing discount for serious indictable offences, such as rape and manslaughter, when a guilty plea is entered within four weeks of the first court appearance will reduce from up to 40 per cent to up to 25 per cent.
When a guilty plea is entered after the first four weeks but on the day of, or before, the committal appearance, a defendant can receive a sentencing discount of up to a 15 per cent, down from up to 30 per cent.
A 20 per cent discount for entering a guilty plea from the day after the committal appearance until the defendant is committed to stand trial will be dropped to a 10 per cent discount.
Those who enter a guilty plea between being committed to stand trial and immediately after the first arraignment date will be eligible for up to a 5 per cent discount, reduced from 15 per cent.
Meanwhile, a 10 per cent discount for those who plead guilty after the first arraignment date but before the trial starts will be dropped to a 5 per cent discount.
Labor introduced a similar bill into parliament in July this year but it was voted down.
Sentencing laws have come under the spotlight in recent months after a number of serious offenders received large discounts for entering early guilty pleas.
Hamzeh Bahrami, who lured a 10-year-old to a public toilet block in Blair Athol in 2019 and sexually assaulted her, received a 40 per cent discount for pleading guilty early to four counts of indecent assault and false imprisonment.
And both Geoffrey Adams, who pleaded guilty to manslaughter for killing his wife more than 45 years ago at Maitland, and Pawel Klosowski, who pleaded guilty to murdering his son Lukasz Klosowski, 19, and Lukasz’ girlfriend Chelsea Ireland, also 19, near Millicent in August this year, could both be eligible for a 40 per cent discount.
Opposition Leader Peter Malinauskas said the legislation was “long-overdue”.
“We think the legislation should have passed some time ago,” he said.
