From Canberra Times article;
https://www.canberratimes.com.au/story/9368808/tara-cheyne-flags-act-sentencing-law-reform-after-rape-ruling/
Article text below;
ACT Attorney-General Tara Cheyne says she is prepared to change the law on sentences handed down in the ACT's courts, as the government faces backlash after a convicted teenage rapist avoided jail time.
The ACT Director of Public Prosecutions is also considering an appeal of the 18-month suspended jail sentence.
Ms Cheyne said the government should not be afraid to ask whether sentencing laws struck the right balance between of punishment, deterrence, rehabilitation and community protection.
"We have to earn the confidence victim-survivors should have in our justice system through the way people are treated, the support they receive and the outcomes our system delivers," Ms Cheyne said.
"I am prepared to make changes to sentencing legislation where the evidence supports them."
The ACT Supreme Court this month handed a teenager who pleaded guilty to a rape charge an 18-month prison sentence, suspended upon him entering a good behaviour order. It means the boy will not spend time behind bars.
The then 16-year-old raped a girl he met at a house party last year and "used considerable force in pursuit of his own sexual gratification", Justice Andrew Muller said in a decision published last week.
The boy pleaded guilty in the ACT Children's Court, spent one day in custody and cannot be named because he was a minor at the time.
The charge of sexual intercourse without consent carries a maximum penalty of 12 years in prison.
The teenager had moved to Australia about six months before the attack and admitted the rape was his first sexual experience.
In determining the sentence, Justice Muller accepted the teenager's prior lack of sexual experience and "limited insight into societal norms in Australia" reduced his moral culpability.
The judge said his prospects for rehabilitation were "significantly improved" if he was allowed to remain in the community with close supervision.
The Sentencing Act mandates imprisonment for young offenders must be a last record and for the shortest appropriate term.
More than 4400 people have signed a Change.org petition calling for Justice Muller to be fired over the rape sentence.
"This decision not only undermines the severity of the crime but also sends a distressing message to other perpetrators - that such actions might only face minimal consequences," the petition said.
A judge can only be removed on the grounds of "misbehaviour or physical or mental incapacity" after an extensive process, including a judicial commission inquiry and an Assembly vote.
More than 200 people have also signed a Legislative Assembly petition calling for a public inquiry to examine criminal sentences in the ACT.
" All sexual violence causes profound and lasting harm. Sentences must reflect the gravity of offending, hold offenders accountable and provide meaningful deterrence," the petition said.
"Recent sentencing judgments have prompted concerns about whether wholly suspended prison sentences adequately meet these responsibilities."
The Canberra Liberals on Wednesday said they would push for a review of sentences.
"The Canberra Liberals are extremely aware of the fact that there is a growing disquiet in the community over what's being seen and certainly communicated to us as a series of outcomes from the criminal justice system that are far outside of community expectations," Opposition Leader Mark Parton said.
"Now, that issue has been highlighted in recent months by some very specific cases and we certainly believe that it's time to do something that allows the system to better deliver those outcomes."
The opposition also said it would call on the government to hand power to the Attorney-General to direct the Director of Public Prosecutions to appeal "manifestly inadequate" sentences.
The shadow attorney-general, Chiaka Barry, said the director would remain independent but the Liberals' proposal would give the government the power to convey community expectations.
"That's what community expects, that the Attorney-General should be able to issue a direction to the DPP to appeal a matter if the sentence is manifestly inadequate," Ms Barry said.
Ms Cheyne said she would not seek to influence the decision of the Director of Public Prosecutions on whether to appeal the sentence handed to the 16-year-old.
"The Director of Public Prosecutions has confirmed that she is considering whether to appeal the sentence. She is working within the statutory timeframe of 28 days to make that decision," Ms Cheyne said in a statement on Wednesday night.
