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A troubling shift in sentencing practices

30 October, 2024

The recent training provided to Victorian magistrates raises significant concerns about the direction of our justice system, particularly regarding how we treat serious criminal offenders.

In a disturbing move, magistrates were instructed to avoid imposing sentences that might lead to the deportation of violent migrant criminals—such as pedophiles and drug dealers. This approach reveals a disconcerting prioritisation of legal technicalities over public safety and justice.

During these training sessions, magistrates were presented with a hypothetical scenario involving a Vietnamese student who had sexually assaulted an eight-year-old. They were advised to impose a sentence of 11 months and 15 days, deliberately structured to ensure the offender would not face deportation. This recommendation not only undermines the gravity of such heinous acts but also sends a dangerous message: that our legal system may bend its principles to shield non-citizen offenders from the consequences of their crimes.

Federal laws permitting the deportation of non-citizen criminals sentenced to a year or more in prison reflect a commitment to safeguarding our communities. This is a crucial aspect of our legal framework, acknowledging that serious offenses should carry serious consequences, regardless of an offender’s immigration status. Yet, the recent training suggests a troubling shift toward a more permissive stance on crime, where the potential for deportation becomes a factor that mitigates the seriousness of the offense. 

Such a trend may embolden offenders, fostering a climate in which they believe they can escape accountability for their actions. While ensuring fair treatment in the legal process is vital, the notion that deportation considerations could overshadow the severity of a crime is simply unacceptable.

The role of our judicial system is to uphold justice and protect the vulnerable. Any efforts to mitigate consequences for violent crimes under the guise of legal interpretation must be met with skepticism. We must prioritize the safety and well-being of our communities over technical legal maneuvers that risk enabling violent offenders to evade accountability.

As we look to the future, let us advocate for a justice system that unequivocally prioritizes the protection of the innocent. Our laws should reflect a commitment to justice that does not compromise the safety of our citizens for the sake of legal convenience. The time has come to reaffirm our values and ensure that our legal system serves its fundamental purpose: to protect society from those who would do it harm.

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