CHILD DEATH - MANDATORY SENTENCING LAWS IN AUSTRALIA
Criminal Digest 114 alerted you to the Inquiry that is currently being conducted by the Senate of the Australian Parliament into mandatory sentencing laws of Western
Australia and the Northern Territory. These laws bind judicial officers to impose sentences of incarceration on children and adults for specified property offences, even trivial ones.
The Northern Territory laws claimed the life of an orphan yesterday. A 15 year old Aboriginal boy hung himself while serving a mandatory 28 day term. The
Magistrate had been obliged under the laws to impose such a penalty when sentencing the boy for his second property offence.
On November 27, he and others had unlawfully entered the council office at Angurugu, on Groote Eylandt, and stolen "a number of" Textas, pencils, pens and
Liquid Paper, worth $50. On December 5, again in company, he unlawfully entered his local Angurugu primary school and took engine oil and paints worth $40. On January 18, he was convicted on two
counts of stealing, one count of entering a building with intent to commit a crime and one of damage.
The total value of property damaged and items stolen in both cases was less than $150.
The Australian Parliament has the power to quash such State and Territory laws. A bill to achieve this effect has been prepared. Please add pressure upon the
Government to enact the bill. Express your views to the Committee at legcon.sen@aph.gov.au. Please do so as a matter of urgency.
For further information about the disastrous nature of the laws, see the submission lodged by the National Children’s and Youth Law Centre and the Australian
Section of Defence for Children International at
http://members.dynamite.com.au/dci-aust/html/mandatory.html
The authors of the submission are:
· Mr. Lou Schetzer, Director of the National Children's and Youth Law Centre l.schetzer@unsw.edu.au and
· Mr.
Danny Sandor, President of the Australian Section of Defence for Children International
The authors are available to discuss the submission and would appreciate receiving a copy of your e-mails to the Committee and any responses you receive.
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