Dissenting Report of the Australian Labor Party
1.1
While Labor Senators agree with the report's commentary in relation to
increased penalty provisions, we have serious concerns about the introduction
of mandatory minimum sentences for those convicted of firearm trafficking
offences.
1.2
The Australian Labor Party maintains its position that the introduction
of mandatory minimum sentences for firearms trafficking offences should be
avoided. We note that these provisions have now twice been considered and rejected
by Parliament, including by this Parliament in relation to the Crimes
Legislation Amendment (Powers, Offences and Other Measures) Bill 2015. The
government has, for a third time, failed to justify the need for such
provisions.
1.3
Effective deterrence is achieved by increasing penalties applicable to
the most serious firearms offenders, rather than by imposing prison terms on
the least serious offenders.[1]
Labor Senators have previously made this point in relation to the Crimes
Legislation Amendment (Powers, Offences and Other Measures) Bill 2015 by
recommending 'that the imposition of mandatory minimum sentences for firearms
trafficking offences be replaced with increased penalty provisions'.[2]
1.4
Increasing maximum penalties for firearms trafficking reflects community
concern about the consequences of serious firearms offences, and mirrors the
regime of penalties proposed by Labor when it was in Government. It would send
a strong message to serious criminals about the consequences of firearms
trafficking.
1.5
Introducing mandatory minimum sentences for firearms
trafficking, on the other hand, will make no contribution towards
sustaining or enhancing Australia’s firearms control regime, and as
demonstrated by submissions to the inquiry from peak law organisations.[3]
For example, the AHRC submitted that the explanatory memorandum contains 'no
evidence' that mandatory minimum sentences deter offenders from firearms
trafficking and that 'empirical evidence from [other] jurisdictions... suggests
the opposite'.[4]
1.6
As well highlighting the lack of evidence for their effectiveness, submitters
identified a range of unintended consequences flowing from the introduction of
mandatory minimum sentences for firearms offences. The LCA stated that the amendments
carry risk of:
...undermining the community’s confidence in the judiciary and
the criminal justice system as a whole by not allowing judicial discretion to
impose an appropriate head sentence.[5]
1.7
Further, considering the increased burden on the justice system from the
introduction of mandatory minimum sentences, the LCA warned of:
...potentially increasing the likelihood of recidivism because
prisoners are inappropriately placed in a learning environment for crime. This
reinforces criminal identity and fails to address the underlying causes of
crime. This has particular relevance to young and first time offenders.[6]
1.8
State prosecutors and the LCA have previously raised concerns with this
committee that introducing mandatory minimum sentences for firearms offences
could 'lead to unjust results.'[7]
The LCA specified that these results will be 'particularly for vulnerable
groups within society: indigenous peoples, young adults, juveniles, persons
with a mental illness or cognitive impairment and the impoverished.'[8]
While the report recommends changes to the explanatory memorandum in this
regard, Labor Senators do not consider that non‑legislative changes can adequately
mitigate the potential impact of the Bill on vulnerable groups, or the risk of a
miscarriage of justice.
1.9
Accordingly, in restating Labor's commitment to stronger penalties for
firearms trafficking offences, Labor Senators would support the passage of the
Bill without the harmful and unnecessary inclusion of mandatory minimum
sentences.
Recommendation 1
1.10
Labor Senators recommend:
-
that the Bill be amended to remove the provisions for
mandatory minimum penalties; and
-
that the Bill as amended be passed.
Senator Jacinta Collins
Deputy Chair
Navigation: Previous Page | Contents | Next Page