NSW Law Society welcomes moves to overhaul sex crime
legislation
Sunday 26 October 2008
The Law Society of NSW has today supported recommendations made by the
Sentencing Council affecting penalties relating to sexual assault offences in
NSW.
President of the Law Society of NSW, Hugh Macken today said it is important
that inconsistencies in the legislation be removed and that laws be
harmonised in accordance with the Criminal Crimes Acts of the other States in
the Commonwealth so that people, particularly children, are protected from
sexual abuse and exploitation.
“It is difficult to administer laws whereby the offence under Commonwealth
legislation carries a penalty of 10 years, but according to state law only carries
a penalty of 5 years. The administration of justice would benefit from these
types of anomalies being removed and the recommendations would do this,”
said Mr Macken.
“The report also addresses developments in technology which raise serious
legal issues such as so-called pseudo images, and whether material that is
irretrievable but still present on computer hard-drives ought to constitute an
offence.”
But Mr Macken also noted that whilst harmonisation of laws and consistencies
in sentencing is a desired outcome, care must be taken to make sure judicial
officers can still take into account any relevant fact or circumstance in
sentencing an offender.
“The development of Standard Non Parole Periods (SNPP) can impede
Judges or Magistrates from giving lengthier sentences in the case of repeat
offenders, or in some circumstances, giving sentences below the SNPP
should this be appropriate.
“The report identifies a need for some ongoing matters to be considered by a
Working Party and the Law Society of NSW looks forward to working with the
State Government, Police and the DPP to consider procedural issues,” said
Mr Macken.
Media Contact: Maria Iannotti 0413 440 699
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