Criminals who admit they’re guilty early in case enjoy lighter sentences in Victoria

Criminals who plead guilty in Victoria are being given lighter sentences as part of an effort by the state’s justice system to clear out an overwhelming backlog of offenders awaiting trial.

The backlog is due to courts being forced to suspend trials because of restrictions during the Covid pandemic.

It was revealed by the Herald Sun in May that a series of judicial reforms had been introduced to discourage matters being brought to trial.

Under the measures, judges were required to award standard sentencing discounts for early guilty pleas. 

The Magistrates’ Court of Victoria also permitted judicial registrars to hear more serious criminal matters.

But the move raised concerns over whether convicted offenders would be appropriately sentenced as judicial registrars can only issue fines or community work.

However, they can refer a case to the magistrate if they deem it to be ‘too serious’ or if they believe the person on trial should be considered for sentencing. 

It comes as rapist Gokmen Goktogan, 29, who sexually assaulted a teenager at a bus stop in 2020, became the latest offender to be awarded a lighter sentence.

Goktogan pleaded guilty in the County Court and was sentenced to eight years jail, with a minimum five year term, for raping a 19-year-old woman in West Footscray.   

Judge Gerard Mullaly spoke at length about the heinous nature of Goktogan’s crime, but noted that the Court of Appeal was clear that judges had to give weight to early guilty pleas because of the backlog.

‘The discount must be more pronounced and palpable, or obvious, to an accused and to others, so that those who are guilty are encouraged to plead guilty,’ he said.

‘Accordingly, there is in this case, very significant mitigation that flows from your plea of guilty made when it was and in circumstances where the criminal trial lists are still adversely effected by the delays caused by the pandemic.’

Gokmen Goktogan, 29, is the latest convicted criminal to be awarded a lighter sentence after he pled guilty to raping a 19-year-old woman in West Footscray (stock image) 

The state’s efforts to reduce the number of cases awaiting trial appears to have worked, with the latest data revealing cases for the Magistrates Court of Victoria had fallen to 101,000.

This is down from the 111,000 pending cases in May. 

Peak case numbers reached 145,212 back in December 2020.

Court sources told the Herald Sun that Victoria’s caseload may not return to pre-pandemic levels for another two years.