Sentencing at heart of Victorian youth crisis, say cops
The Australian
December 30, 2017
Sam Buckingham-Jones
The head of Victoria’s police union and the state’s Victims of Crime Commissioner have lashed lenient sentences handed out by the state’s courts, as it emerges most African youths sentenced for violent crimes in the past year were given average or below average punishments despite Premier Daniel Andrews repeatedly insisting they would feel the “full force of the law”. Analysis by The Weekend Australian reveals that of the 17 offenders of Sudanese, South Sudanese or Kenyan descent who were sentenced in Victorian county courts in the past year, only two were given sentences above the average for the crime. In one case, despite the offender having 15 prior convictions, he was fined $100 and given a 188-day sentence after being charged with a theft and an affray that involved him stealing a 30cm knife and using it to stab another man in the leg in a brawl.
Police Association Victoria secretary Wayne Gatt said the state judiciary has frustrated its police officer members because of its “propensity to hand out sentences for violent crimes that fall short of community expectations”.
“It’s for this reason that the police association has been lamenting this disconnect for a long time and calling on the system to better account for the needs of victims and the broader community interest,” he said.
Victims of Crime Commissioner Greg Davies said the “therapeutic jurisprudence” approach of the past 30 years did not appear to be working.“There’s certainly a problem with African youths in this state. There’s also a problem with youths of other ethnic background in this state,” he said.
“The lay person’s definition of ‘the full force of the law’ is not necessarily the same definition as the courts. There is a very, very wide discretion open to every judicial officer in Victoria; they exercise it, and they prize that discretion.”
After several incidents involving teenagers in Melbourne’s west — including the assault of a policeman in Maribyrnong, a near-riot at a home in Werribee and the trashing of a local park in the outer suburb of Tarneit —
Mr Andrews said the largely African and Islander youths had a “wanton disregard for the safety of others”.“Be in no doubt, if you’re involved in those behaviours, you will feel the full force of the law,” he said. “It’s not excuses we need, it’s arrests that we need.”
It is the second time Mr Andrews has threatened African youths with the “full force of the law”, yet the figures show many are escaping with lesser sentences.
Other offences committed by young African men that were given below-average sentences included armed robbery, theft, causing serious injury, indecent assault, theft, reckless conduct endangering life, affray and robbery.The median sentence used was calculated by the Victorian Sentencing Advisory Council, and formed the average jail time for offenders who had been sentenced to prison.
Nine of the 17 offenders sentenced in the past year were given sentences below the median for the crime while six had sentences in line with the median.
The revelation is not the first time sentences in Victoria have come under scrutiny. In October, the High Court ruled that a 3½-year jail sentence handed to a man who sexually abused his partner’s 13-year-old daughter, resulting in her becoming pregnant, was “manifestly inadequate”.
The High Court decision said despite the “devastating” consequences of the crime, incest sentences had been “anomalously low” in Victoria for more than 30 years.
In another case, Akon Mawien, a 19-year-old man born in Sudan, was given a 12-month deferred sentence after being charged with two counts of armed robbery, a charge that has a median sentence of 2½ years’ jail and carries a maximum of 25 years.His co-accused, 19-year-old Maker Mayoum, was given sentences of two years’ and three years’ jail for the two charges of armed robbery, with a cumulative total of four years.
Malwal Aweng, 21, had a list of prior convictions that included aggravated burglary but was sentenced to four years’ jail — six months below the average — for intentionally causing serious injury to a man he punched and on whose head he then stomped.
“There is a problem with the young African ethnic group being disproportionately represented in the crime stats. The courts are absolutely letting down the community,”
said Kel Glare, former police chief commissioner from 1987 to 1992.pt1