Media Release
Embargo 12:00 a.m. 3 May 2012
Recommendations made to the government by the Sentencing Advisory Council could result in sex-offenders who commit crimes against young children receiving significantly longer gaol terms.
The Baseline Sentencing Report is the result of a request by the Attorney General, the Hon Robert Clark MP, to provide advice on aspects of the Victorian government’s proposed baseline sentencing scheme. The recommendations cover:
- technical aspects of how a baseline sentencing scheme could be structured
- baseline levels - for the 25 offences to be included by the government in the scheme
- additional offences that should be included in the scheme.
Professor Arie Freiberg, Chair of the Sentencing Advisory Council said 'A significant principle for the Council in determining the various baseline levels was to ensure coherence between the offences based on their relative seriousness. The Council considers that sexual offences against young children are among the most serious in our community, and believe that baseline levels should be set to reflect the need for increased sentences for such offences.'
The Sentencing Advisory Council has also recommended the offences of culpable driving causing death and dangerous driving causing death be included in the baseline sentencing scheme.
A baseline level is not a mandatory sentence, rather it is a level that a court would start at when deciding the non-parole period to be set for a particular offender. The baseline would only be called upon once the court had decided that a custodial sentence was appropriate in the case before them, and that a non-parole period should be stipulated. The court would move up or down from this ‘starting level’ depending on the aggravating or mitigating factors of the case.
Professor Arie Freiberg said 'Baseline sentencing would represent a major change from the way Victoria’s higher courts currently sentence. The Council has recommended that baseline sentencing should operate as consistently as possible with the current system and maintain sufficient discretion for judges in the sentencing process to allow for individualised justice.'
The Baseline Sentencing Report is available for download from the Sentencing Advisory Council website.
