Mandatory Sentencing. (2 Viewers)

withoutaface

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Didn't need new laws. From the Crimes Act:
(1)

(a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.

(b) Every other punishable homicide shall be taken to be manslaughter.

(2)

(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.

(b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
There is no lawful excuse for drink driving, and it wouldn't fall under misfortune as it's just a matter of statistics.
 

katie tully

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So why are a lot of drink driving resulting in death cases penalised so lightly in comparison with "traditional" murder?
 

withoutaface

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So why are a lot of drink driving resulting in death cases penalised so lightly in comparison with "traditional" murder?
Negligence vs recklessness or actual intent. Harsher sentences for guiltier minds.
 

incentivation

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Generally when an intoxicated person driver causes death of another, the relevant offence is S.52 of the Crimes Act.


Dangerous driving: substantive matters 52A Dangerous driving: substantive matters

(1) Dangerous driving occasioning death A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle:
(a) under the influence of intoxicating liquor or of a drug, or​
(b) at a speed dangerous to another person or persons, or​
(c) in a manner dangerous to another person or persons.​
A person convicted of an offence under this subsection is liable to imprisonment for 10 years.​
(2) Aggravated dangerous driving occasioning death A person is guilty of the offence of aggravated dangerous driving occasioning death if the person commits the offence of dangerous driving occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.​
(3) Dangerous driving occasioning grievous bodily harm A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle:
(a) under the influence of intoxicating liquor or of a drug, or​
(b) at a speed dangerous to another person or persons, or​
(c) in a manner dangerous to another person or persons.​
A person convicted of an offence under this subsection is liable to imprisonment for 7 years.​
(4) Aggravated dangerous driving occasioning grievous bodily harm A person is guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence of dangerous driving occasioning grievous bodily harm in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years.​
(5) When vehicle is involved in impact-generally For the purposes of this section, the circumstances in which a vehicle is involved in an impact occasioning the death of, or grievous bodily harm to, a person include if the death or harm is occasioned through any of the following:
(a) the vehicle overturning or leaving a road while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),​
(b) an impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),​
(c) an impact between the person and the vehicle,​
(d) the impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact,​
(e) an impact with anything on, or attached to, the vehicle,​
(f) an impact with anything that is in motion through falling from the vehicle,​
(g) the person falling from the vehicle, or being thrown or ejected from the vehicle, while being conveyed in or on the vehicle (whether as a passenger or otherwise),​
(h) an impact between any object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle (whether as a passenger or otherwise).​
(6) When vehicle is involved in causing other impacts For the purposes of this section, a vehicle is also involved in an impact occasioning the death of, or grievous bodily harm to, a person if:
(a) the death or harm is occasioned through the vehicle causing an impact between other vehicles or between another vehicle and any object or person or causing another vehicle to overturn or leave a road, and​
(b) the prosecution proves that the vehicle caused the impact.​
(7) Circumstances of aggravation In this section, "circumstances of aggravation" means any circumstances at the time of the impact occasioning death or grievous bodily harm in which:
(a) the prescribed concentration of alcohol was present in the accused’s breath or blood, or​
(b) the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or​
(c) the accused was driving the vehicle to escape pursuit by a police officer, or​
(d) the accused’s ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).​
(8) Defences It is a defence to any charge under this section if the death or grievous bodily harm occasioned by the impact was not in any way attributable (as relevant):
(a) to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, or​
(b) to the speed at which the vehicle was driven, or​
(c) to the manner in which the vehicle was driven.​
This and its predecessor, Culpable Driving, were introduced as juries were often reluctant to convict offenders of murder or manslaughter.
 
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Riet

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Make drinking driving that results in the death of another murder.
I agree.

Iron, you must no doubt consider that desperate times will drive men to desparate measures. I'm not saying all criminals are in a completely helpless situation, but some most definitely are. Rather than leaving them to be a burden on society, why not have shorter sentences on the condition of learning a trade for example?
 

Iron

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I just dont really agree that people can be meaningfully reformed through the justice system. Cycles of poverty and violence and crime are notoriously difficult, sometimes impossible, to break out of.
I assume that somewhere along the way, science will delve into mind-control technologies that will bring up all the (moral) issues involved in A Clockwork Orange. Until then, i'm happy for prisons to serve as a deterrent and revenge mechanism for victims. There are sufficient economic and social benefits to this to justify the cost imo.
 

Rockyroad

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Murder: probably should be divided into different categories like in the US. For the most serious cases 25 years or never to be released is fine.

Rape: Never to be released.

Pedophilia: Again pretty broad, sex with a young child should result in never to be released. Other stuff is questionable, but mandatory, severe minimum sentences would be a good thing. (I assume by pedophilia you mean child abuse, not merely exhibiting characteristics of a pedophile).

Assault on Police: There is no reason to treat this any differently to an assault against any other person.
Perfect. This is exactly what I believe.
 

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