"In a democratic society, courts are equal partners with the executive and the Parliament".

Maybe so if members of the courts were democratically elected and able to be democratically replaced; they are not, but are appointed, and are extremely hard to remove, so should be subject to the dictates of the democratically elected executive and parliament

Twelve Good Reasons why Victorian Parliamentarians should Oppose Mandatory Minimum Jail Sentencing

First, it is inconsistent with the norms and values of a liberal and civilized society where every case should assessed on its merit. The current system is not broken and should not be changed for political reasons. There is no empirical evidence that shows that the current sentencing practices are well below community expectations and not deterring children from offending. Sentencing experts have criticized the Victorian government’s ‘flawed’ crime poll.
Second, judges, should have the discretion to give customized sentences.
Third, innocent people can spend time in jail for no other reason than to satisfy a politically motivated minimum sentencing regime.
Fourth, it will have a disproportionally negative impact on poor, vulnerable mainstream, indigenous and ethnic people and families in our society who do not have the resources to defend themselves and who will blame their elected representatives in the Victorian Parliament for their predicament.
Fifth, it is a savage and draconian way of dealing with human beings who could well be innocent as the system has been known to put innocent people in jail for long periods of time.
Sixth, it is a very expensive way of dealing with social, mental health, drug and poverty problems which could be better solved outside of prisons.
Seventh, sending people to jail must be the last resort.
Nine, the Baillieu Government does not have a mandate to introduce such as draconian law and will suffer at the next election for misleading and harming the people of Victoria.
Ten, Conservative governments around the world are moving in the opposite direction to Victoria. They know that the way forward is to reduce incarceration. Building more prisons is a waste of taxpayers money and it does not reduce crime.
Eleven, Australians strongly oppose mandatory sentencing of refugees and asylum seekers and will vigorously oppose the mandatory sentencing of Australian citizens especially youth.
Twelve, imagine how you would feel if you or your children were thrown into jail as a result of mandatory sentencing? Community based sentencing makes a lot more sense.

Greg this is a reflection of the courts failure to understand its role in the comunity.

I agree that mandatory sentancing is draconian especially for a first or even some second offences.

I believe that jail is a dubious way to "reform" someone. Much better to try and "correct" them with non-custodial sentances, especially where this is a first/second offence. Obviously the gravity of an offence needs to be taken in to account here, but I believe should still not totally over ride the objective of correcting and rehabilitating someone back into society.

However, the system needs to change quickly from a reform/rehabilitation mode into a punitive mode if the person is slow to learn. ie you get one or two chances, even what may appear lenient chances to correct your behaviour. But after that the justice ceases to be rehabilitative and becomes punitive and draconian. I then have no issue with imposing mandatory minimum sentancing that includes time in jail.

How the hell can mandatory sentencing of juveniles be anti-democraticif the majority happen to demand it to make their lives and properties secure;our old people's dignity and respect need to be protect;our youngest need a chance to survive in a world the vermin are degrading rapidly.
You would rather have a nice cosy society smothered in crime and depravity but the safety and impunity of these ravaging monsters guranteed just so that someone can manage to spread the lie that democratic values are being protected.

The huns are at the gates.The city is about to fall. Let's all laud the magnificent human rights record we all enjoy!!

socratease

The great Idea of partitioning Power struck the mind of a Frenchman called Montesquieu.

Another Frenchman called Napoleon soon after proved him wrong.

Power can be delegated. It cannot be divided like a cake .

It can be delegated, but only for a short time; such time being strictly limited to the life duration of the one who delegated it in the first place.

When Cesar fell to the sword of his conspirators, Cesar’s servants not only lost the power he had delegated to them but had to run for their lives.

Our Constitution, any Constitution, is either an abstruse document or a contract between the power holder and the subjects to the laws of the power holder.

The Courts of law, appointed or elected, have to enforce a Body of Laws that are not but the product of who holds the power.

As the ones who make the laws in Australia and in Victoria are uneducated charlatans, we cannot expect but what we deserve for having rented them our vote free of charge