Some of the most dangerous criminals, including paedophiles and gun dealers, are having their sentences slashed by years after a new landmark court decision.
A NSW Court of Criminal Appeal found that it was acceptable for vile criminals to get a reduced sentence for pleading guilty, regardless of their remorse, The Daily Telegraph reported.
The decision by the court will mean sentences are slashed even if the felon is not remorseful.
The loophole started with Australia’s most notorious insider trader, Steven Xiao, who managed to knock a year off his sentence because his lawyers argued that in doing so, he had saved the court money.
The loophole started with Australia’s most notorious insider trader, Steven Xiao (pictured here)
Previously defendants against Commonwealth charges only received a reduced sentence if they reflected remorse and accepted responsibility.
Commonwealth charges are amongst the most vile. They include possession of child pornography, terror and drug smuggling and supplying guns.
Xiao’s case has opened a loophole that has allowed criminals to receive a reduced sentence even when it’s believed they’re only pleading guilty because of the amount of evidence against them.
His case, which was heard in February, was added to the NSW sentencing bench book – the resource that acts as a guide for judicial officers when sentencing criminals.
Since it was listed in the book it has been cited in 13 court cases by defence lawyers looking to secure a reduced sentence.
One case where it has been used successfully is that of paedophile Troy John Peters, who was charged with possessing 676 sickening photos and videos of children being tied up and raped.
Now at least 13 other defence lawyers have argued the same for their clients, including paedophiles and drug traffickers
His defence utilised the new loophole and secured him a 25 per cent reduction in his sentence, meaning he’ll be behind bars for only one year and three months.
In another case where it was used, drug smuggler Wei Liu, who was being charged for importing 20kg of meth into the country, went from receiving a non-parole period of nine years and five months to eight years and six months.
The new loophole has been slammed by victims’ advocates as an example of defence lawyer simply ‘playing with the law’.
Hetty Johnston, who is the CEO of child protection organisation Bravehearts slammed the decision, accusing the courts of giving ‘gifts’ out to criminals.
The new loophole has been slammed by victims’ advocates as an example of defence lawyer simply ‘playing with the law’
‘It’s about saving courts time and money but when it comes to child sex offenders particularly I don’t think they should be given these gift discounts just for pleading guilty,’ she told The daily Telegraph.
Federal Attorney-General Christian Porter said that he was aware of the situation and was monitoring it.
‘I’m aware of the case and also aware that there have been some recent cases dealing with sentences on appeal that have made reference to the previous decision,’ he said.
‘It is my intention to monitor case law to consider the impact of the original decision and I am doing that on an ongoing basis. Ultimately sentencing overall … must reflect community expectations.’