Shadow Attorney General Greg Smith SC today described sentencing amendments dealing with proof of remorse as ‘fiddling around the edges’ and totally inadequate in dealing with the trauma suffered by family and friends of homicide victims. 

“Under the amendments proposed by Attorney General Hatzistergos, sentencing hearings could turn into teary sessions of criminal’s relatives and friends, claiming that they have observed genuine remorse on the part of the criminal,” Mr Smith said.

“Victims and families, especially families of homicide victims will be horrified that Judges may be swayed into imposing inadequate sentences, once these changes come into effect,” he said.

“By contrast, the Carr and Iemma Labor Governments have repeatedly failed to amend the sentencing laws to clearly allow sentencing judges to take into account as an aggravating circumstance the contents of impact statements of the family and close friends of homicide victims.1"

“The situation is much better for victims of crime and their relatives in Victoria, where sentencing Courts must have regard to the impact on the victim. There it is established that victim’s impact statements."

“Draw to the attention of the judge, who would have of necessity to consider the possible and probable consequences of criminal behaviour, not only its significance to society in general, but the actual effect of a specific crime upon those who have been intimately affected by it.2”

“The Iemma Government has badly let down the families of homicide victims by failing to clear up the problem the Courts have highlighted."

“The NSW Liberal/Nationals will continue to highlight these and other inadequacies of the Iemma Government in their dealings with victims of crime and their families,” Mr Smith said.

1. R v Previtera (1997) 94 A Crim R 76; Regina v F.D.; Regina v F.D.; Regina v J.D.[2006] NSWCCA 31, per Sully J at [103] [109]; per  Hulme J at [169] – 172].
2. R v Beckett, unrep, Vic Sup Ct, 20/8/98, per Vincent J, approved in R v Medini [2002] VSC 12, per Gillard J