Retiring judge says sentences too light.

**Phyllis Stein** · 25-02-2010 14:52

http://www.abc.net.au/news/stories/2...25/2829523.htm

It is not unusual to hear criticism of judges and their sentencing from politicians and public commentators, but now a retiring Supreme Court judge has backed that view.

In a parting shot, Justice Philip Cummins says sentencing for sexual offences and violent crimes too often falls short of community values.

Justice Cummins left the bench of the Victorian Supreme Court in November, so now he can say what he thinks of it.

He used his farewell speech to attack the very system he served for 21 years.

"I consider the courts have not sufficiently secured the rights of victims in doctrine, procedure and sentence," he said.

Justice Cummins told fellow judges their respect and concern for the rights of victims is not reflected in outcomes. He referred to provocation, which was recently abolished as a defence to murder.

"It was not the common law or the courts that rid us of the blight of provocation, behind which much domestic and other violence escaped true consequence," he said.

"It was public commentators and the media and Parliament that did so. Procedurally, it was not the common law or the courts that sufficiently acted to preclude the re-traumatisation of victims by court processes. It was Parliament by procedural reform that did so."

Justice Cummins went further, in a criticism of judges which is usually the domain of politicians and media commentators.

"With sexual offences, violence, and especially domestic violence, I think courts have fallen short on sentence," he said.

"Courts need to give significantly more attribution to personal responsibility and to the consequences of that responsibility. I think that sentences imposed should better reflect parliamentary provision and community values."

Former federal MP Phil Cleary is an anti-violence campaigner. He describes Justice Cummins's speech as honourable and brave.
"Justice Cummins is speaking in code, in a sense," he said.

"He's speaking to a group of judges. He can't personally name them and he can't point to all their sins so he has given us a general interpretation.

"There's no question that he's suggesting that it's been the interpretation of the law that's been a problem and that means judges have been a problem."

**RedPanda** · 25-02-2010 15:00

Quite interesting. I tend to agree with him (not that I'm any kind of legal expert).

**Phyllis Stein** · 25-02-2010 15:27

Me too, Witchy. Except mine is more of the wholehearted, placard waving type of agreement.

I'm not a fan of punitive jail terms in general, but the lack of seriousness with which sexual and domestic violence is taken by the courts has contributed (IMO) to further victimisation.

**Bellini** · 25-02-2010 18:06

I work in the Courts and often find the sentences to be too lenient, in regards to sexual and violent offences. I wholeheartedly agree with his comments, and I applaud him for speaking out so honestly.

**Myztik** · 25-02-2010 18:09

good on him!

**1+1=5** · 25-02-2010 18:10

sexual abuse has of the lowest conviction rates of all crimes...off the top of my head the ave sentence for sexual assault against a minor is around 3 years.

**Phyllis Stein** · 25-02-2010 19:05

It's outrageous, Owen&Noah's_mum. Especially when you compare it to the ginormous penalties for say, copyright violations!

**1+1=5** · 25-02-2010 19:26

Originally Posted by Phyllis Stein

It's outrageous, Owen&Noah's_mum. Especially when you compare it to the ginormous penalties for say, copyright violations!

its incredibly disturbing, considering that the max penalty for rape and sexal penetration for a child under 16 years of age, is 25 years imprisonment. it makes you wonder what one would have to do to get 25 years. what baffles me is that this type of crime is so poorly looked upon in the community and yet the sentencing is so light, they should reflect community attitudes. it really gets me going, sorry

**MummaBear03** · 25-02-2010 19:31

Definately agree with him. I read this story early today and was really happy to see that someone is speaking out. 3 months for torturing and dismembering a live animal and leaving it bleed to death. 18 months for sexual assault and assault occasioning bodily harm. 2 years for the sexual assault of a 6 year old child. That's IF there's any conviction at all!