Sue Higginson says Liberal Leader Kellie Sloane has backflipped on reforms to character at sentencing, supporting a total removal of good character as a mitigating factor at sentencing across all offence types.
She says the decision will undermine judicial discretion and prohibit vulnerable people from having their character considered during sentencing for criminal matters.
Amendments passed on a previous bill just two weeks ago, supported by all non-government members including the Liberals and Nationals, would have supported victim survivors of sexual crime by preventing a perpetrator’s ‘good’ character and their references being considered during sentencing for sexual offences, but allowed the Court to determine whether it could apply in other cases.
The Liberals are now expected to vote with Labor to completely abolish character in sentencing, in defiance of the position of Domestic Violence NSW, the Aboriginal Legal Service, the Bar Association, Legal Aid, part of the Sentencing Council of NSW and other experts.
Expert evidence ignored
Greens MP, solicitor and spokesperson for justice Sue Higginson said, ‘It’s jarring to watch Kellie Sloane and the Liberals now join Labor and throw expert evidence and lived experience away in favour of some idea of political safety and favour.
‘It’s a sad day in NSW when the Opposition takes a clear evidenced based position, passes good law, then completely backflips on that position for fear of the Government criticising them for not being tough enough on crime.
‘The job of the Opposition and crossbench in Parliament is to scrutinise the government and find the best outcomes for the community. This is what the Upper House has done with reforms to character at sentencing.
‘This backflip will hand the Minns Labor Government another opportunity to make the criminal justice system worse for victims of domestic violence, more threatening to vulnerable people, and will lead to more First Nations people being sent to prison,’ Ms Higginson said.
‘The NSW Liberals and Nationals are already staring down the barrel of political oblivion, and given the way Kellie Sloane is backing in every decision of Labor Premier Chris Minns, you can see why.’
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