XN000022-1983-07-27 — Page 16

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WEDNESDAY, JULY 27, 1983

USEFUL CHANGES IN SENTENCING SEEN IN BILL

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USEFUL IMPROVEMENTS IN SENTENCING PROCEDURES ARE PROVIDED IN THE CRIMINAL PROCEDURE (AMENDMENT) BILL 1983, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS SAID IN THE LEGISLATIVE COUNCIL TODAY.

MOVING THE SECOND READING OF THE BILL, MA THOMAS SAID ONE OF THE CHANGES PROVIDES THAT ALL TIME IN CUSTODY PURSUANT TO ANY COURT ORDER WILL COUNT TOWARDS SENTENCE.

♦IT HAS BEEN A GRIEVANCE OF CONVICTED PRISONERS FOR SOME TIME THAT DISPARITY OF TREATMENT EXISTS ON WHETHER TIME SPENT PRIOR TO COMMITTAL COUNTS. TOWARDS SENTENCE.

+EACH JUDGE HAS A DISCRETION AND JUDICIAL PRACTICE DIFFERS FROM COURT TO COURT. SINCE TIME SPENT IN CUSTODY BEFORE COMMITTAL CAN BE AS MUCH AS THREE MONTHS, IT IS NOT UNIMPORTANT TO THE PRISONER IF IT HAS BEEN LEFT OUT OF ACCOUNT, MR THOMAS SAID.

ANOTHER PROPOSED CHANGE WILL ENABLE A JUDGE TO GIVE PARTLY CONSECUTIVE AND PARTLY CONCURRENT SENTENCES IN CERTAIN CASES, AT PRESENT A JUDGE MAY MAKE SENTENCES CONCURRENT, OR MAKE THEM CONSECUTIVE, HE SAID.

►IN THOSE CASES WHERE HE MAKES THEM CONSECUTIVE (FOR EXAMPLE, FOR DISSIMILAR OFFENCES COMMITTED ON DIFFERENT OCCASIONS), THE REQUIREMENT TO MAKE THE TOTAL RIGHT WILL OFTEN INVOLVE GIVING LESS FOR A PARTICULAR OFFENCE THAN IT REALLY DESERVES.

+IT WOULD AVOID THIS RESULT IF JUDGES WERE ABLE TO GIVE PARTLY CONSECUTIVE AND PARTLY CONCURRENT SENTENCES IN SUCH CASES. THEN INDIVIDUAL SENTENCES WOULD EACH BE CORRECT AND THE TOTAL. SENTENCE COULD ALSO BE MADE APPROPRIATE BY ORDERING SOME OVERLAP WHERE SENTENCES ARE TO BE CONSECUTIVE, HE SAID.

MR THOMAS SAID THAT THE REFORM WILL HAVE A NUMBER OF MERITORIOUS CONSEQUENCES,

A CO-ACCUSED FACING SENTENCE FOR ONE OFFENCE WILL NO LONGER FEEL CHEATED WHEN THE MULTIPLE OFFENDER GETS AN APPARENTLY SHORTER SENTENCE FOR THE SAME OFFENCE, CRIMINAL RECORDS WILL REFLECT THE TRUE GRAVITY OF ALL INDIVIDUAL OFFENCES. THE ANOMALY OF SUCCESSFUL APPEALS ON ONE OFFENCE FOR WHICH A LONG SENTENCE WAS GIVEN, LEAVING ONLY AN ARTIFICIALLY LIGHT SENTENCE ON THE OTHER OFFENCE OR OFFENCES WILL BE AVOIDED.

DEBATE ON THE BILL WAS ADJOURNED TILL AUGUST 10.

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