Truth in Sentencing Scrapped
Agricultural Region MP Brian Ellis has welcomed the scrapping of the reviled ‘Truth in Sentencing’ legislation.
The previous law, introduced by former Labor Attorney General Jim McGinty, made it mandatory for sentences to be reduced by one third in anticipation of remissions which would normally have to be earned in prison.
The one-third reduction applied to the sentence handed down to Matthew McDonald for the manslaughter of Yalgoo farmer Bill Rowe (pictured) became a watershed case.
Over 8000 people, sometimes at the rate of 100 per hour, signed a FaceBook site calling for the mandatory reduction to be abolished.
The previous law, introduced by former Labor Attorney General Jim McGinty, made it mandatory for sentences to be reduced by one third in anticipation of remissions which would normally have to be earned in prison.
The one-third reduction applied to the sentence handed down to Matthew McDonald for the manslaughter of Yalgoo farmer Bill Rowe (pictured) became a watershed case.
Over 8000 people, sometimes at the rate of 100 per hour, signed a FaceBook site calling for the mandatory reduction to be abolished.
The new legislation has limited retrospectivity, and any judgements successfully appealed by the DPP will attract an additional one third at re-sentence.
The DPP has a time limit of 21 days to appeal new sentences. This includes a review of the prescribed formula judges must use, and a comparison with similar offences to see if the original sentence was in the same ‘range’.
However, the new legislation does not enable the DPP to appeal purely on the basis of having the one third reduction removed.
It also does not enable the DPP to appeal sentences which have already expired their 21 day review date.
The DPP has a time limit of 21 days to appeal new sentences. This includes a review of the prescribed formula judges must use, and a comparison with similar offences to see if the original sentence was in the same ‘range’.
However, the new legislation does not enable the DPP to appeal purely on the basis of having the one third reduction removed.
It also does not enable the DPP to appeal sentences which have already expired their 21 day review date.
Copyright Brian Ellis MLC © 2009 - 2011
Truth in sentencing to be scrapped
Electorate Office: Unit 1, Druids Hall, Corner Durlacher and Sanford Streets, Geraldton, WA 6530. PO Box 231, Geraldton, WA 6531
Ph: +61 (08) 9923 9211; Fax: +61 (08) 9923 9222; Email: brian.ellis@mp.wa.gov.au
Ph: +61 (08) 9923 9211; Fax: +61 (08) 9923 9222; Email: brian.ellis@mp.wa.gov.au
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Agricultural Region MP Brian Ellis has welcomed the scrapping of the reviled ‘Truth in Sentencing’ legislation.
The previous law, introduced by former Labor Attorney General Jim McGinty, made it mandatory for sentences to be reduced by one third in anticipation of remissions which would normally have to be earned in prison.
The one-third reduction applied to the sentence handed down to Matthew McDonald for the manslaughter of Yalgoo farmer Bill Rowe (pictured) became a watershed case.
Over 8000 people, sometimes at the rate of 100 per hour, signed a FaceBook site calling for the mandatory reduction to be abolished.
The new legislation has limited retrospectivity, and any judgements successfully appealed by the DPP will attract an additional one third at re-sentence.
The DPP has a time limit of 21 days to appeal new sentences. This includes a review of the prescribed formula judges must use, and a comparison with similar offences to see if the original sentence was in the same ‘range’.
However, the new legislation does not enable the DPP to appeal purely on the basis of having the one third reduction removed.
It also does not enable the DPP to appeal sentences which have already expired their 21 day review date.
The previous law, introduced by former Labor Attorney General Jim McGinty, made it mandatory for sentences to be reduced by one third in anticipation of remissions which would normally have to be earned in prison.
The one-third reduction applied to the sentence handed down to Matthew McDonald for the manslaughter of Yalgoo farmer Bill Rowe (pictured) became a watershed case.
Over 8000 people, sometimes at the rate of 100 per hour, signed a FaceBook site calling for the mandatory reduction to be abolished.
The new legislation has limited retrospectivity, and any judgements successfully appealed by the DPP will attract an additional one third at re-sentence.
The DPP has a time limit of 21 days to appeal new sentences. This includes a review of the prescribed formula judges must use, and a comparison with similar offences to see if the original sentence was in the same ‘range’.
However, the new legislation does not enable the DPP to appeal purely on the basis of having the one third reduction removed.
It also does not enable the DPP to appeal sentences which have already expired their 21 day review date.
