Victorian Opposition Leader Matthew Guy promises state’s toughest ever sentences

UPDATE: THE Coalition’s tough new plans to crack down on violent thugs could cost the taxpayer between $4 to 5 billion dollars over ten years.

THE Government has estimated the Coalition’s ‘two strike’ plan would cost the taxpayer between $4 to 5 billion dollars over ten years.

Attorney-General Martin Pakula said an average of $400-500 million per year would be needed to house the influx of prisoners, under the plan unveiled by Opposition Leader Matthew Guy.

Earlier today, Mr Guy pledged thugs who commit further violent crimes would face tough new minimum sentences if the Coalition was elected next year.

If elected, it would be the toughest sentencing regime in Victorian history.

Mr Pakula also said the Coalitions’ plan was costly and vague.

“The Liberals plan is flawed, uncosted, and has no real detail about how it will work,’’ Mr Pakula said.

“They failed to get baseline sentencing right, they failed to get CCOs right, and now they have failed to think this plan through.

“Under Matthew Guy’s plan, someone who holds up a bank at gun point could serve less time in prison than someone who threatens a person in the street with a fork to steal a wallet.”

It is understood the huge cost would require a new tax or funding would have to be cut from other areas, such as health or education, to fund new prisons.

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Victorian Opposition Leader Matthew Guy will promise to introduce the toughest sentencing regime in Victorian history if the Coalition is elected next year. Picture: David Geraghty.

Under the Coalition’s plan, mandatory minimum jail sentences would apply to 11 crimes, including rape, aggravated burglary, and murder, where the criminal has an earlier conviction for a violent offence.

Murderers convicted of a previous violent offence would automatically face at least 20 years behind bars.

Violent criminals who are subsequently convicted of a home invasion or aggravated robbery would face a 10-year minimum sentence. For rape, a 15-year term would apply.

The Law Institute of Victoria’s council member Tania Wolff said mandatory sentences had been proven not to work.

“It actually does not make us any safer. It affects the poor and disadvantaged disproportionately and does nothing to address the underlying reasons of why offences are committed.”

Ms Wolff said Victoria was jailing more people than ever before but the crime rate was still going up.

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She said the fact that prisoner recidivism rates of almost half showed that jails were an ineffective way to deter people from crime and also the most expensive response.

Mandatory sentences also do not provide an incentive for accused to plead guilty and save the court time and victims the ordeal of giving evidence, Ms Wolff said.

“Not only that, it is a chance for someone to take responsibility for their actions as well.”

Mr Guy told the Herald Sun it was time to stop giving criminals endless chances.

“A government I lead will make Victoria safe again,” the Liberal leader said.

“To stop this crime wave we need mandatory sentencing and mandatory jail times. That’s what I will introduce.

“Victorians have had enough of the Andrews Government going soft on crime.

“It’s time for a new approach — a tough approach.”

Liberty Victoria vice-president Michael Stanton slammed the plan saying mandatory sentencing in other jurisdictions was shown not to work.

He said offenders were unlikely to plead guilty to sentences that carry a mandatory minimum jail term placing a burden on the court system.

“Matters going to trial creates a huge burden on the system,” Mr Stanton said.

“Victims have to give evidence, time delays for police who need to investigate and matters can drag through the court for months.”

He said long jail terms for younger offenders also eroded any chance of rehabilitation.

“Once they get longer than three years they are lost to the system and unlikely to adjust to life on the outside.”

And that mandatory terms were prone to instances of injustice were people were given sentences out of proportion to the crime.

He said jailing more people did not actually make the community safer.

“In the past 10 years prison rates has grown 67 per cent. Has that made us safer.”

But Police Association Victoria secretary Wayne Gatt said it was high time serial offenders are properly dealt with.

“While there is always an important place for rehabilitation, it is high time we accept that the worst offenders — those who time again threaten, hurt and terrorise our community are laughing in the face of courts when they are given sentences that fail to meet community expectations,’’ he said.

“It’s one thing to get a second chance, but when you get a third, fourth or fifth the time for chances has run out.

“When crook’s repeatedly commit offences, creating real victims, they deserve real sentences.”

Asked about criticism a tougher approach could require more jails to accommodate offenders Mr Gatt said: “We recognise the current governments recent investment in policing is one that will in time help reduce crime but if more prison beds are required to keep the community safe then this is an investment that should also be considered.”

“At the end of the day, public safety is paramount,’’ he said.

Three-year minimum terms for aggravated carjackings and aggravated home invasions were introduced last year in response to gang attacks and a suburban crime wave. The Coalition would lift those to 10 years for a second offence.

No minimum terms currently apply to rape or murder.

Juvenile criminals would face the tough new approach if they went on to commit further violent crimes as adults.

Minimum terms ranging from six to 10 years would be introduced for crimes including intentionally or recklessly causing serious injury and for offences of gross violence.

Exemptions in extreme circumstances, such as in cases where an accused person is mentally impaired or gives evidence against associates, would be retained.

The Andrews government is currently reviewing sentencing guidelines, after the former Napthine government’s baseline sentencing regime was deemed by the Court of Appeal to be unworkable.

But apart from murder, the offences to which those laws applied — such as serious sexual offences and drug trafficking — are not covered by the new Coalition plan.

The Opposition is likely to review penalties for those crimes separately in the lead-up to next year’s election.

Mr Guy will unveil his plan today with shadow attorney-general John Pesutto, alongside victims of crime.

Mr Pesutto said the law changes were necessary, but were a major step.

“Mandatory minimum jail times for violent reoffenders would be one of the biggest sentencing reforms in Victoria’s history,” he said.

Shadow attorney-general John Pesutto says tougher sentencing laws are necessary, but a major step. Picture: Paul Loughnan

The Opposition has promised to release a suite of law and order policies leading up to the next election.

Mr Guy has pointed to soaring crime rates, which have increased by 20 per cent in the past two years, as evidence of growing lawlessness.

The government has promised to recruit almost 2729 new police over four years, at a cost of about $2 billion.

Deputy Premier James Merlino also dismissed the Coalition’s plan and said the Andrews Government was currently drafting tough new laws on the sentencing of violent offenders.

“The Andrews Labor Government is developing the standard sentencing scheme legislation, which aims to increase sentences for 12 of our most serious crimes (including) murder, rape, sexual abuse of children,” he said.

“The former Liberal Government in their whole four year term, it took them to develop their flawed mandatory sentencing scheme that was thrown out by the Court of Appeal.

“We are going to do this right, we are going to do this once. We will be introducing legislation that will not be thrown out.’’

The Coalition’s baseline sentencing laws introduced under the Napthine Government — which aimed to introduce a median sentence for some crimes — was dubbed ‘’unworkable’’ in November 2015, prompting current Attorney General Martin Pakula to announce a plan to create new legislation aimed at serious offenders, which is currently being drafted.

Mandatory minimum sentences are controversial.

The Law Institute of Victoria has attacked them for removing discretion from the judiciary and transferring it to police and prosecutors.

But victims of crimes groups have urged a tougher approach to sentencing, both to punish perpetrators and send a strong signal to would-be criminals.

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THE State Opposition’s minimum sentencing plan for violent reoffenders is the first of its type in Australia.

Some mandatory sentencing laws exist in Victoria and other states and territories, including in Queensland where repeat serious child sex offenders face at least 20 years behind bars.

But the Coalition’s blueprint would see thugs jailed for long periods for any second or subsequent serious violent crime, even if they are for two different offences.

For example, if someone was jailed after a home invasion with a knife and upon release steals a car at gunpoint, they would face a 10-year minimum term for the second offence.

Opposition Leader Matthew Guy said if the Coalition was elected next year, 11 serious violent crimes would have the “two strikes” rule applied to ensure “no more excuses”.

Opposition prevention of family violence spokeswoman Georgie Crozier said changes would help tackle brutes.

“Cowards who think they can keep getting away with family violence will likely be facing mandatory jail times of at least 10 years,” she said.

This would apply to any subsequent serious violent ­offence, meaning someone convicted of causing serious injury intentionally could not try to wriggle out of a minimum term by arguing the ­second offence was causing ­serious injury recklessly.

In extreme circumstances, exemptions may still be granted by courts, however.

Opposition prevention of family violence spokeswoman Georgie Crozier says the Coalition’s tough new changes would help tackle brutes. Picture: Tim Carrafa

The Coalition has committed to reviewing those “special reasons” provisions currently attached to the handful of minimum sentences in Victoria, and change them if needed. This includes a promise to monitor whether judges are using exemptions to avoid minimum sentences for repeat offenders.

Shadow attorney-general John Pesutto said if elected next year, the Coalition would create jail terms that were “hefty and will send a very loud message to anyone who thinks they can continue to defy the law and get away with repeat acts of violence, fear and intimidation”.

High-profile cases, such as the murder of Jill Meagher by repeat offender Adrian Bayley, have been used to form the ­Coalition plan.

And the Opposition has promised to reveal further ­sentencing reform plans ahead of the next election, including for crimes that had been ­subject to the failed baseline sentencing regime. This would include drug trafficking, serious sex offences, and culpable driving causing death.

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