Australia: Many convicted thieves spend not a day in jail

Almost a third of all offenders convicted of serious cases of property crime in the past five years were set free by judges without a day in jail. Four hundred offenders were given wholly suspended sentences after being convicted of arson, fraud, theft and handling stolen goods. They were among the 1291 offenders sentenced for upper-level property offences, which have to be dealt with in the County Court or Supreme Court.

The rate of wholly suspended sentences, compiled from statistics released by the Sentencing Advisory Council, has outraged community groups. People Against Lenient Sentencing president Steve Medcraft said the number of offenders freed on suspended sentences "makes a joke of our so-called justice system". "On those figures, crime does pay," Mr Medcraft said. He said the statistics should silence any lingering criticism of restrictions on the use of suspended sentences announced last year by the State Government.

Judges and magistrates are now allowed to wholly suspend sentences only in exceptional circumstances, but the new law only applies to offences committed since November, when the legislative change was made. The five crime types covered by the newly released sentencing statistics all carry maximum jail terms of either 10 or 15 years.

Police said yesterday the sentencing figures came as no surprise. "That sort of slap on the wrist justice is par for the course, unfortunately," one veteran investigator told the Herald Sun. "It will be interesting to see what happens when the new law really kicks in and judges haven't got suspended sentences to fall back on."

Twenty-nine per cent of people convicted of serious theft charges in the higher courts between 2001-02 and 2005-06 were spared any jail, and released on a wholly suspended sentence. The proportion of wholly suspended sentences for fraud offences was 36 per cent for obtaining financial advantage by deception, and 33 per cent for obtaining property by deception. Forty per cent convicted of handling stolen goods -- which carries a maximum penalty of 15 years' jail -- were let free, as were 23 per cent of arsonists.

Offences involving more than $25,000 of property on each count have to be dealt with by the County or Supreme Court, rather than by a magistrate. An Office of Public Prosecutions spokesman said the limit was due to be lifted to $100,000 later this year. Suspended sentences were abolished after an inquiry by the Sentencing Advisory Council.

Report here



(And don't forget your ration of Wicked Thoughts for today)