The Secretary
Senate Legal and Constitutional Committee
PARLIAMENT HOUSE
CANBERRA ACT 2600

 

 

 

I am writing to voice my support for the banning of mandatory sentencing for all property crimes in all states and territories of Australia.

 

Statistics have been presented to the Committee that clearly show that mandatory sentencing primarily affects Aboriginal people.  Many people convicted have committed their offences as a direct result of their socio-economic situation - to either satisfy their basic physical needs or to gain something (eg petrol, aerosal cans) to provide a high - a mental relief from their daily reminders of oppresion, poverty and lack of respect.  Many Aborigines are on the bottom of the socio-economic scale as a direct result of the oppression of their people since colonisation of Australia.  This oppression has taken many forms, some direct and some sublime.  Mandatory sentencing is, I believe a continuation of this oppression.

 

Imprisoning people will not reduce the frequency of criminal offences.  Since the introduction of mandatory sentencing in both the Northern Territory and Western Australia crimes rates have not reduced.  People can not be deterred when they commit their crimes out of desperation.  They will not be deterred by laws they do not know or understand, as is the case with many citizens of remote Aboriginal communities whose are being jailed under these laws.  To reduce the number of crimes committed the cause of people committing crimes must be addressed.  Instead of spending large amounts of money on incarceration further action is needed on the recommendations of the Inquiry into Deaths in Custody and the Reconciliation Council.

 

Many of those sentenced under mandatory sentencing laws are juvenilles who have committed very minor offences.  In many cases community service or some form of rehabilition may be the most effective response to prevent the person for re-offending.  Mandatory sentencing removes the right of judges to use their experience and knowledge to determine the most appropriate sentence.  There is no option for a sentence of community service or rehabilitation.  Instead these young people are put into jails where their resentment is likely to grow, they are likely to be exposed to more hardened criminals, and they just may not be able to cope.

 

I therefore urge the Senate Legal and Constitutional Committee to support the Bill to ban mandatory sentencing for all property crimes committed across Australia,

 

Yours sincerely,

 

Robyn Erwin

39 First Ave

Chelsea Heights, Vic, 3196

Phone (03) 9772 1664