NSW's new mandatory sentencing laws will not deter violent drunks and will not be introduced in the ACT, Attorney-General Simon Corbell says.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Last month, NSW announced it would create a new offence for striking a person with a single blow and causing their death, with a maximum jail sentence of 25 years if the assault was fuelled by alcohol.
Mr Corbell said the measures eroded judicial independence and did not prevent violent alcohol-related assaults.
The Attorney-General, pictured, said the legal profession approached matters impartially, dispassionately, with respect for the law and the role of its institutions. He said these values stood society in good stead because they allowed justice to be done fairly and openly.
"It is important that we continue to guard against the erosion of such safeguards to impartiality and independence through moral panic, often stoked in pursuit of a headline,'' Mr Corbell said.
He ruled out following NSW's decision, saying it had been driven by a relentless and "sometimes inaccurate" media campaign.
He noted the rate of violent alcohol-related assaults in NSW had actually fallen, not risen, in recent years. "The decision … has removed judicial discretion in relation to certain sentencing decisions,'' Mr Corbell said.
"[Mandatory minimum sentences] can undermine judicial independence, removing from the judge or magistrate the capacity to properly impose a sentence that takes into account all of the relevant factors, and can lead to unjust, indiscriminate, and potentially arbitrary outcomes for individuals.''
Mr Corbell said he supported appropriate sentences that reflected public condemnation of the offending behaviour, and the role of the Legislative Assembly in determining sentencing range.
"I also support the role of our courts to properly judge the individual circumstances that must be taken into account when an offender is sentenced, particularly when they face depravation of liberty for a significant period.
"I support the independence of our courts, also, to review sentences if it is believed that there has been error in a sentence."