[Greens-Media] Media release: Labor again drives the Coalition to the right on sentencing

[David Shoebridge]

Media Release

14 May 2014

Labor again drives the Coalition to the right on sentencing



John Robertson's opposition has once more forced the NSW Government into an unprincipled law and order auction, with a bill passed today that will see family impact statements considered in sentencing. This will see criminal sentencing hearings judging the worth of the victim alongside the culpability of the victim.



The former Attorney General, who was responsible for the drafting of this bill, admitted this in debate saying: "the more valuable and worthy the deceased, the greater the impact on the deceased's family, the greater the harm caused by the offence, and the greater the penalty imposed".



This stands in stark contrast to findings of the courts, for instance Justice Howie in R v Barbetta [2008] NSWSC 688 at [18] said:

"... the Court can have no regard to the loss occasioned by the death of the deceased. The Court cannot try to put a value on individual human lives or what the loss of that life means to loved ones of the deceased or the community in general. That is not the purpose of victim impact statements. Nor is it the purpose of punishment. Under the law all lives are precious and the death of any person is a harm inflicted on the community in general."



This change will also expose family victims to cross-examination on their victim impact statements, something that is likely to only increase the trauma they experience in the courts



Greens MP and Justice spokesperson David Shoebridge said:



"Everybody should be equal in the eyes of the law; every victim should be equal in the eyes of the law. The criminal law should never be putting victims on trial.



"Victims impact statements can be used to assist the court to understand the impact of a crime on the family and community but they should not go further to be used to say that

one murder is more serious than another.



"That someone is isolated or has no direct family should not mean their death counts for less in the eyes of the law, but unfortunately this is the outcome of this legal change.



"Labor and Liberal have today voted for a bill that requires the courts to consider some victims as more worthy, and their deaths as worse crimes.



"For the Greens, this situation is unprincipled and the law must clearly state that every life is equal and every murder abhorrent," Mr Shoebridge said.



Media contact: 9230 3030



Kym Chapple

Policy, Media and Legislation Advisor

Office of Greens MP David Shoebridge

P: (02) 9230 3030|M: 0433 680 244|T: @kymtje<http://twitter.com/#!/thebigriboldi>

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