Vic: Bracks rules out mandatory jail terms

AAP General News (Australia)
08-10-2004
Vic: Bracks rules out mandatory jail terms

MELBOURNE, Aug 10 AAP - Victorian Premier Steve Bracks has ruled out mandatory jail
terms, despite two cases in which sex offenders avoided prison.

"Where mandatory sentencing has been brought in in other states it has proved to be
very unsuccessful - it doesn't take into account the circumstances of the individuals
involved," Mr Bracks said.

But he refused to be drawn on the individual cases which on Sunday sparked a rally
of thousands of protesters outside the Victorian parliament house.

The protesters were angry at the sentencing of a 27-year-old man convicted of sexually
assaulting a seven-year-old girl, who was given a suspended sentence with 200 hours of
community service and told to get counselling.

They also protested against a Court of Appeal refusal to overturn the suspended sentence
of a man who broke into a house and raped a woman twice.

"We support the independence of the judiciary and we support them making judgments,
depending on the case and the circumstances at the time," Mr Bracks said today.

"I think you have to look at the sentences overall, and what happens in 98 to 99 per
cent of cases, they do not come up for debate or questioning because they're deemed to
be appropriate for the conviction.

"There are always going to be circumstances which cause public debate, that's understandable.

"I'm not privy to the complete details of those cases and nor should I be. The politicians
should not be involved in determining the sentences for individual cases."

Earlier today on radio station 3AW, Mr Bracks said he thought judges would take note
of the community outrage over the two cases.

But Sue, the aunty of the seven-year-old victim in one case, told Mr Bracks the community
wanted the law changed so anyone convicted of a sexual offence against a child went to
jail.

"When someone oversteps that mark and does these disgusting acts to a child they should
go to jail," she said on 3AW.

"You're saying that by the community outrage hopefully the judges will listen ... that
is not good enough."

Mr Bracks said the government had set up the Sentencing Advisory Council and had asked
the Law Reform Commission to look into sentencing of sex offenders.

He said more could be done through the judicial college to educate judges about community
expectations.

AAP rb/gfr/tma/sd

KEYWORD: CRIMES VIC

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