Mandatory jail opens bidding in law-and-order auction

Premier Denis Napthine has proposed new legislation to crack down on “coward punches” (formerly known as “king hits”) by introducing a 10-year mandatory minimum jail term for the offence. According to the Premier, “Our expectation is that this legislation sends such a strong message that we don’t have people doing these cowards punches in the first place.” However, in a 2008 research report, the Victorian Sentencing Advisory Council warned against mandatory sentencing, noting: “Deterrence presupposes that would-be offenders are rational actors who are capable of weighing up, and actually do weigh up, the costs and benefits of a particular course of conduct. Crime, however, is often impulsive and lacking such judicious forethought.” Chris Berg of the Institute of Public Affairs argues that judges need flexibility to deliver justice: “Discretionary sentencing is a fail-safe mechanism to prevent laws conceived in the abstract from becoming absurdities in practice. … This principle is too important to abandon just because an election is coming up.” The Victorian proposal is harsher than the 8-year mandatory sentence introduced in NSW earlier this year, which suggests the start of a “law-and-order auction” before November’s election.