principle of mandatory minimum sentencing is one that invokes varying. The aim of the mandatory minimum sentence is to deter offenders by imposing minimum sentences that cannot be altered, no matter the case. The Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015 was listed to be debated in the House of Representatives in August . The bill includes suggestions to introduce a mandatory minimum sentence for firearms trafficking. It is commonly argued that the mandatory minimum
Mandatory minimum sentencing has been a long contentious, and heavily debated topic in Australia since its introduction in 1997 . Mandatory minimum sentences are legislated minimum sentences below which a judge cannot descend in considering sentencing options for a given offence , hence limiting judicial discretion. Mandatory sentencing is a blunt instrument with the primary goals of increasing consistency in sentencing, acting as a deterrent and improving public confidence in the courts by ensuring
solicitor with the Aboriginal Legal Service in NSW, stated that “The causes of the horrendous rate of Aboriginal juvenile over-representation are complex but in the rural and remote parts of the state, sustained and targeted policing and draconian sentencing trends are playing an undeniable role,” (www.creativespirits.info) Statistics show that: 46% of male juveniles are Aboriginal and 57% of female juveniles are Aboriginal; 81% of women in juvenile detention have been abused or neglected; 90%
Court held that it is a settled law that on basis of Plea Bargain court cannot dispose off the criminal cases. if we go by basic principles of administration of justice system , then merits should alone be considered for the conviction and the sentencing, even if accused confesses to the guilt, hence it is the constitutional obligation of court to award the appropriate sentence. Supreme Court held that just the acceptance or admission of guilt should not be a reason for giving of a lesser sentence