'Lenient' Sentences Lead Carr To Issue Manual For Judges
By Robert Wainwright, State Political Correspondent
Originally published in the The Sydney Morning Herald, February 2, 2002
The State's 290 judges will be issued with sentencing "manuals" aimed at making them more sensitive to victims and community expectations when handing down sentences in sexual assault cases.
The Premier announced the move yesterday after telling members of the NSW Judicial Commission of his concerns in the wake of community anger over "lenient" sentences handed down to two youths for their part in a gang rape.
Mr. Carr said the sentencing manual, to be completed within six weeks and released publicly for the first time, would include guidance on the use of victims' impact statements in sexual assault cases.
The manual is part of a wider move by the State Government to give the judiciary a jolt over sentencing trends.
The moves include expanding the research and sentencing division of the commission to analyse sentencing trends for crimes such as sexual assault and aggravated sexual assault.
Judges would then be briefed on the trends as part of the commission's annual education programs. It conducts 18 courses in six courts.
Mr Carr has made no secret of his concern about recent sentencing trends, and wants judges to take community expectations into account when handing down sentences.
"We need judges to be aware of the public's expectations in sentencing, especially in the serious categories of crime such as sexual assault and aggravated sexual assault," he said.
"We also want a justice system sensitive to the concerns of the victim and the victim's family. We've made progress to that end today."
He had made several concerns clear to the commission and its chief executive officer, Mr Ernie Schmatt, he said.
They included the handling of victims' impact statements where charge bargaining was involved. The manual would also provide guidance on the use of statements and information regarding sexual assault cases.
Yesterday's meeting follows talks between Mr Carr and the NSW Chief Justice, James Spigelman, after which Justice Spigelman announced serious gang rape cases would, in future, be heard in the Supreme Court.
The State Government has foreshadowed introducing a new law to increase the maximum sentence for gang rape from 20 years to life when Parliament resumes next week.
Mr Carr said work had begun on preparing an application for a guidelines judgment to toughen up the sentences handed to rapists.
Last week he described as lenient the sentences given to two young men for their part in a pack rape of two teenage girls.
The brothers received maximum sentences of five years and seven months and six years respectively, while a third man involved was jailed for 18 months over lesser charges.
