Mental impairment no longer an 'excuse' for ambo attacks
Mentally impaired Victorians who attack paramedics will be even more likely to face time behind bars under the Andrews government crackdown on assaults against emergency services workers.
The "special reasons" exception, which has been used by criminals to avoid jail time after attacking police, paramedics or prison or youth justice officers will be narrowed even further so that drugs and alcohol can no longer be used as an excuse.
"Psychosocial immaturity" will be removed from the list of special reasons, and under legislation due to be before the Parliament by June, courts must give significantly less weight to the life circumstances of the offender.
The legislative changes will apply to anyone guilty of an attack on police, paramedics, firefighters, or emergency department nurses and doctors.
The state government has been scrambling to react to the case of two women who were jailed for a serious assault on two paramedics but then released on appeal.
Premier Daniel Andrews had already announced on Monday that attacks resulting in injuries against emergency workers, nurses and doctors, will now be treated as category 1 offences and will require courts to impose a jail sentence.
The government also want the rights of the Director of Public Prosecutions to be strengthened so she can appeal against cases where special exemptions are used to avoid a stint in jail.
Further details about how the new rules will operate against children will be worked out "over coming months" the government said on Tuesday.
But Opposition Leader Matthew Guy said he was worried the changes announced on Tuesday, which include a direction that judged should give "less weight" to an offender's individual circumstances, would leave too much discretion with the courts.
"We're concerned that this is in fact no change at all," Mr Guy said on Tuesday morning.
"If you allow the courts to interpret what is 'less weight,' well, we all know what the courts will interpret that to be; there'll be no change at all.
"The government needs to provide definition as to what 'less weight' and 'less emphasis' on some of its identified supposed exceptional circumstances are."
County Court Chief Judge Peter Kidd told 774 ABC Melbourne that mandatory sentences reduced a court's ability to dispense justice that fitted the crime and that every offender and their circumstances were different.
“The philosophy behind individualised justice is that the sentence is tailored to the particular circumstances of the case…” he said.
But Mr Kidd said mandatory sentencing was the opposite of individualised justice, which meant mercy could not be dispensed even if a particular case warranted it.
“Mandatory sentencing says one size does fit all,” he said.
Mr Kidd said substantial punishment was imposed when called for in very serious cases.
MORE TO COME