Government welcomes Sentencing Advisory Council’s report on baseline sentencing

The Victorian Coalition Government today welcomed the Sentencing Advisory Council’s report on the introduction of baseline sentencing for serious crimes.

In April last year, the Government requested the SAC’s advice on various aspects of the implementation of the Coalition’s election commitment to introduce baseline sentences, under which Parliament will specify the median non-parole period that courts must use in sentencing offenders for a range of serious crimes.

The matters SAC was asked to advise on included:
– the levels of baseline sentences that should be legislated for various offences;
– whether additional offences should have baseline sentences specified;
– whether different baseline sentences for an offence should apply in certain circumstances; and
– how baseline sentences should apply in cases involving multiple offences.

The report, released today by the SAC, recommends that:
– baseline sentences should be based on an offence that represents the middle of the range of seriousness for offences that incur imprisonment, not taking into account any discount for a guilty plea or assistance to authorities, or factors personal to the offender;
– a baseline sentence level only apply where a court imposes a prison sentence and fixes a non-parole period;
– there be only one baseline level for each offence and that redefinition of offences is not necessary;
– baseline sentences be the starting point for sentencing and then be adjusted for offence factors, offender factors and discounts for guilty pleas or assistance to authorities;
– baseline sentences not apply to cases heard summarily, to juvenile offenders or to young adult offenders sentenced to youth justice centres; and
– baseline sentences should also apply to culpable and dangerous driving causing death, kidnapping and the Government’s new gross violence offences, but should not apply to incitement, conspiracy and attempt offences.

The SAC has also recommended baseline sentence levels for the various offences to be covered, based on the Council’s proposed definition of a baseline sentence.

Attorney-General Robert Clark has welcomed the SAC report.

“The SAC has produced a comprehensive and detailed report which provides valuable discussion, analysis and advice on many aspects of the implementation of the Coalition’s election commitment,” Mr Clark said.

“The SAC’s recommendation that there be stronger penalties for sexual offences against young children reflects a widespread concern that sentences for a number of serious offences are currently inadequate.

“The Government agrees with the SAC’s recommendations that the baseline sentencing regime should apply to culpable and dangerous driving causing death, kidnapping and the Government’s new gross violence offences, but should not apply to juvenile offenders.

“The Government also accepts the SAC’s assessment and recommendations that redefinition of offences is not required to introduce baseline sentencing and that only one baseline sentence level is required for each offence to be covered.

“The Government will give further consideration to the remainder of the SAC’s recommendations, including the manner of defining baseline sentences and any implications that may have for baseline sentence levels,” Mr Clark said.

Legislation to introduce baseline sentencing will be prepared for introduction into Parliament next year.