Mandatory sentencing bill not an intrusion on judiciary: CLP

The NT Opposition has denied its proposed expansion of mandatory sentencing laws will further strip judges of their discretion.

THE Country Liberal Party Opposition has denied its proposed expansion of mandatory sentencing laws will further strip judges of their discretion, despite the bill mandating prison sentences for low level assaults.

Speaking ahead of this week’s NT parliamentary sittings, Member for Braitling, Josh Burgoyne, said the plan to force judges to set a term of actual imprisonment for low level, first offences of assaulting a worker would send a message that such behaviour was “simply not acceptable”.

“The NT parliament sets the law for the NT, that is how this works, what we want to do is set a minimum,” he said.

“So if you go out there and you assault a worker when they’re in their workplace there is a minimum requirement and the judge can use his (sic) discretion (to set a higher sentence).

Mr Burgoyne said it was parliament’s role to “set the laws” and “it’s the judiciary that then carry it out”.

“We want to make sure that when someone assaults a worker in their workplace, whether that be a police officer carrying out their duties, or whether that be someone on a bus, a bus driver, we want to make sure that they are protected.”

The bill would also see second time offenders forced to spend a minimum of three months in prison for assaults on workers who did not suffer any physical harm.

The government has not said whether it will support the bill but is yet to meet a 2016 election commitment to abolish mandatory sentencing altogether.

Originally published as Mandatory sentencing bill not an intrusion on judiciary: CLP