Liberty Victoria is deeply concerned about the gradual erosion of judicial discretion in sentencing and the move towards mandatory and/or more prescriptive models of sentencing. Part of that concern stems from the need for the legislature to carefully protect the separation of powers so that a strong and independent judiciary is able to ensure that justice is done in the individual case.
The Bill should be recognised for what it is – a significant threat to judicial discretion, the separation of powers and the rule of law.
Read Liberty Victoria's submission on Criminal Amendment (Carjacking and home invasion) Bill 2016.