Coalition to toughen mandatory sentencing for people smugglers
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Version 0 of 1. The attorney general, George Brandis, is set to abolish exemptions to the mandatory sentencing of people smugglers in a toughening up of federal prosecutions. Brandis will look to reverse a decision by Nicola Roxon, who served as attorney general under the previous Labor government, to seek the mandatory five-year prison sentence for people smugglers only under certain circumstances. Under Roxon’s instructions to crown prosecutors, the mandatory five-year sentence would be pursued only if a people smuggler was a high-level ringleader, a repeat offender or caused a death at sea due to their actions. The Coalition is to reverse this to ensure that more smugglers found to have aided the entry of five or more people into Australia without visas face the mandatory term. “Mandatory minimum penalties act as a deterrent to minimise the risk of loss of life, and ensure that courts consistently apply penalties that meet the seriousness of the crime,” a spokeswoman for Brandis told Guardian Australia. “The government is committed to strengthening this regime. “The government is serious about stopping people smuggling and ensuring those convicted face the full force of Australian law.” The spokeswoman said the government welcomed a high court judgment handed down on Friday morning, which upheld the right of crown prosecutors to seek the mandatory five-year sentence. The case, brought by convicted Indonesian people smuggler Bonan Darius Magaming, claimed that giving prosecutors the choice between pursuing a charge that carried a mandatory sentence and one that didn’t was an incorrect use of judicial power. However, the high court rejected the appeal on a majority vote, reaffirming the government’s ability to pursue mandatory sentences for people smugglers. The decision has disappointed the Greens party – which supports giving judges a choice in sentencing people smugglers – as well as human rights groups. Rachel Ball, director of campaigns at the Human Rights Law Centre, said: “The mandatory sentencing requirements of the Migration Act prevent judges from exercising common sense or discretion. “The mandatory sentencing regime has resulted in cooks and deckhands being jailed for a minimum of five years, with a three-year non-parole period. It violates human rights, it’s expensive and it’s likely to have no impact on people smuggling.” “Human rights principles require that the punishment fit the crime, but mandatory sentencing prevents the court from differentiating between serious and minor offending and from considering the particular circumstances of the individual.” Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |