Alison Savage | ABC Online | 29 July 2011
One of Australia's most high-profile prosecutors has launched a scathing attack on the Victorian Government's approach to sentencing.
The former New South Wales chief prosecutor Nicholas Cowdery QC has told a Law Institute conference in Melbourne, that the Baillieu Government is pushing for mandatory sentences for juvenile offences to achieve short-term political gains.
"We've digested it. We have found it to be poisonous and we've regurgitated it," he said.
Mr Cowdery says he can see why it is an attractive idea for politicians.
"Talking about punishing people for the wrongs that they do us makes them feel good and makes their voters feel good," he said.
"They think that these are going to be reflected in votes at the next election, which is really all that they're interested in."
Mr Cowdery says the principle of sentencing law is that the penalties must reflect the offence and the circumstances of the offender.
He says it has been proven that mandatory sentencing does not work.
"The electors need to know that what they're proposing and what they are doing doesn't produce the results that they hope it will," he said.
He says it makes even less sense when it comes mandatory sentences for teenagers who commit acts of violence.
"We know from experience that the best way of addressing criminality in juveniles is to remove the causes."
He has also labelled the Government's public survey on sentencing reform "bizarre."
One of Australia's most high-profile prosecutors has launched a scathing attack on the Victorian Government's approach to sentencing.
The former New South Wales chief prosecutor Nicholas Cowdery QC has told a Law Institute conference in Melbourne, that the Baillieu Government is pushing for mandatory sentences for juvenile offences to achieve short-term political gains.
"We've digested it. We have found it to be poisonous and we've regurgitated it," he said.
Mr Cowdery says he can see why it is an attractive idea for politicians.
"Talking about punishing people for the wrongs that they do us makes them feel good and makes their voters feel good," he said.
"They think that these are going to be reflected in votes at the next election, which is really all that they're interested in."
Mr Cowdery says the principle of sentencing law is that the penalties must reflect the offence and the circumstances of the offender.
He says it has been proven that mandatory sentencing does not work.
"The electors need to know that what they're proposing and what they are doing doesn't produce the results that they hope it will," he said.
He says it makes even less sense when it comes mandatory sentences for teenagers who commit acts of violence.
"We know from experience that the best way of addressing criminality in juveniles is to remove the causes."
He has also labelled the Government's public survey on sentencing reform "bizarre."
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