Report on Mandatory Sentences - Law Reform Commission

4.177 According to the Queensland Government, these mandatory sentencing provisions were
intended to provide a strong deterrent to the unlawful use of firearms. The Minister for Police and
Community Safety expressed the view that the pre-existing repercussions of illegal weapons use were
“weak” and that minimum sentences were required to “send a clear message that trafficking,
supply, unlawful possession and use of illegal firearms will not be tolerated.” 430 On the other hand,
however, the value of these provisions has been disputed by a number of commentators, including the
Queensland Law Society. 431 Reiterating its longstanding view that “mandatory sentencing laws are unfair,
unworkable and run contrary to Australia’s international treaty obligations”, the Society has expressed
concern that this regime will: (i) unduly fetter judicial discretion, leading to injustice in individual cases; (ii)
reduce the proportion of guilty pleas, increasing costs, delays, and the stress to victims and other
witnesses; and (iii) impact disproportionately on the most marginalised members of society. 432 The
Society has also noted that there is a lack of evidence to demonstrate that mandatory sentencing
provides a deterrent effect, and that these regimes have in fact failed to reduce crime in other Australian
states and common law countries. 433
(v)
South Australia
4.178 South Australia does not appear to prescribe a mandatory or presumptive minimum sentence for
any offence.
(vi)
Tasmania
4.179 Likewise, Tasmania does not appear to provide a mandatory or presumptive minimum sentence
for any offence.
(vii)
Victoria
4.180 Victoria prescribes mandatory minimum sentences for certain offences involving the causation of
fire in a country area.
(I)
Causing a Fire in a Country Area
4.181 Section 39A of the Country Fire Authority Act 1958 prescribes a minimum three-month sentence
of imprisonment for the offence of causing a fire in a country area in extreme conditions of weather. In
addition, section 39C prescribes a minimum one-year sentence of imprisonment for the offence of
causing a fire in a country area with intent to cause damage.
(viii)
Western Australia
4.182 As will be discussed in Chapter 5, Western Australia applies a mandatory minimum sentencing
regime in respect of repeat burglary offenders. Where perpetrated for the first time, certain forms of
assault also attract a minimum sentence in this state.
(I)
Assaults against Public Officers
428
429
430
431
432
433
Dixon Proposed Changes to Offence Provisions in the Weapons Act 1990 (Qld) (Queensland Parliamentary
Library and Research Service, 2012) at 1.
Ibid.
“Newman Government tough on firearms” Press Release 28 November 2012. Available at:
http://statements.qld.gov.au/Statement/2012/11/28/newman-government-tough-on-firearms [Last accessed:
22 May 2013].
See: Withey and Howells “Newman’s mandatory sentencing plan a ‘knee-jerk reaction’” ABC News 1 May
2012. Available at: www.abc.net.au/news/2012-05-01/newmans-mandatory-sentencing-plan-a-kneejerkreaction/3982560
[Last accessed: 22 May 2013].
Queensland Law Society “Weapons and Other Legislation Amendment Bill 2012” 8 November 2012.
Available at: www.parliament.qld.gov.au/documents/committees/LACSC/2012/Weapons/submissions/002-
QldLawSociety.pdf [Last accessed: 22 May 2013].
Ibid.
172