Introduction

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The origin of punishment has started with the birth of human being. Moreover beginning upon the
criminal act. Sentence is given to the offended by the empowered human beings. Sentence
authorities in law are formal judgment of a convicted defendant in a criminal case. Setting the
punishment to be meted out. For instance, when a criminal commit a crime, after the completion
of prosecution and investigation, if the report shows the person is culprit, the judge announces his
decision in which the imprisonment or fine is imposed upon the offender. Moreover, there are
types of sentences which can be imposed upon the offenders. In cumulative resulting of accusation
or sporting the same point as earlier evidence, offender is punished separately for each of his
different type of offense. Such sentences may be given at the same time or with some delay. A
sentence may be for an unspecified period. The object behind the sentence is just to realize the
prisoner on his good behavior. A prisoner may also be released on stipulated basis.
(Encyclopedia Britannica written by editor of E.B.)
Secondly there are mandatory sentences these are continued in some states or territories of
Australia.
Mandatory sentences are those sentences which a judicial officer is required to impose
regardless of the circumstances of the offences.
Moreover, the judicial officers cant use their discretion power in mandatory sentences to impose
the higher or lower punishment regarding the
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There are few states of Australia which have respectively mandatory sentences. Northern
territories Western Australia, Victoria, Queensland, and South Wales. The Northern territories is
the most prominent federation for being the most ancient mandatory legislation. In 1997
mandatory sentences were imposed for property, crimes committed by adults and minors. The
mandatory sentences covered a broad range of property crimes like: unlawful entry with the intent
unlawful use of motor vehicle; property damage: when a person found guilty once be imprisoned
for 14 days. Moreover 90 days for the second conviction and 1 year for the third offense. When
these sentences converted into the death of offenders, during investigation then upon above
mentioned sentences ejected from the list of mandatory sentences. Now there are three types of
sentences for which mandatory sentence is imposed. Like murder, violence, offences.
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Such as assault, and sex offenses such as rape. (Australia Bureau of statistics1998 national fighter
on crime and punishment)
Secondly the sentencing act 1995 (WA) provides all types of mandatory sentences which are
imposed in Western Australia. Western Australia has mandatory partly same sentences to as to the
Northern territories.
Thirdly the state in victory has no minimum sentences but murder like England, Canada, Wales,
and US. Moreover, there is no any idea, that the government would introduce any minimum
mandatory sentence.
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Fourthly sentences in Queensland are organized by the penalties and sentencing act 1992 this
statue have the object of punishment as well as limited number of sentencing principles. This statue
has no mandatory minimum sentences of imprisonment.
Fifth, the sentences in New South Wales are mentioned by the crimes amendment act 2002 which
amended the crimes act 1999. This not figured out the aims of sentencing which include
punishment, deterrence, community protection, rehabilitation offend accountability and
recognition of the harm done to individual victims and the community.
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There are same reasons which are considered that through implementation of mandatory sentences
crime can be reduced in society. Moreover the object is to secure society to sustain dignity of youth
according to the government of Australia. According to government of Australia citizen.
Thirdly there are two kinds of punishments by imposing them there is satisfactory reduction in the
ratio of crime. Firstly by keeping the officers in capacitation. Incapacitation means make an
offender unable for doing an act which is against law. So this process is done by confining him
into the jail and keeping away from the society. Thus, when the offender is confined into the jail,
he has no bad effect on the society. Moreover, the lives of the people are safe. Secondly there is a
different punishment deterrent means a thing which discourages someone on doing an act.
Moreover, the object of the deterrent is to give punishment by keeping him into the jail that he
would not do the offense again.
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Past behavior is the best predictor of the future behavior. It is reasonable to attempt to prevent
crime by preventing non offenders from continuing their criminal behavior. (Sherman et al 1998
Cha)
Sentencing is to secure the society from criminals and to defend them and sustain the dignity of
the citizens as every person is liberal in the society. No one has right to use threat and disturb him.
Thus no one has any power to snatch the life of someone. All the people are equal before law.
Anyone who would violate the human right or do illegal act, would be punished by the state.
Every person has his own entity in the country. The respect of the embassy is more important.
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Along with the maintaining of the respect and other right (Aim of criminal justice by Kathelene
dely)
Third with the object of continuing mandatory sentencing is different states of Australia is to
abolish the irregularity in the sentencing. In this way mandatory sentencing would be on the basis
of rules. In this type of punishment judges are not empowered to use their discretion. If they use
them, there are much chances of injustices. For instance if a criminal act is done by different
persons, so the punishment would be according to the capacity of their act. (Braith Wanity and
Petlit 1920, page 21)
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Mandatory sentencing tries to finish this empower by legislation mandatory punishments.
(Australian Institute of Criminology Trends and Issues no. 138 mandatory sentencing Declan
Rosh) www.aic.gov.au/media/library/obligations/tandi138 pdf
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On the other hand there are some opinions of lawyer against the policy of mandatory sentencing
because they believe that mandatory sentencing directly leads to strict accountable and not waste
on behavior according to what is morally right and fair. Moreover, in this sort of sentence based
on lack in justice and fairness. Secondly they argue that according to overseas research that
mandatory sentencing has not brought a distinguish reduction in the ratio of crime. Other type of
punishment just has no impact on the prisoner for a short period of time, there is not consistent in
it. Thirdly they say that all the case depends upon the police and prosecution system that is not
trustable because it is irreversible and invisible. Moreover no private person can be part of this sort
of investigation. So it is not fair justification.
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Fourthly they consider that mandatory sentences are so strict which directly affect to the mentally
capacity of offenders and sometimes involve them into mentally disability. Fifthly they represent
their argument that the mandatory sentencing laws are infringing the provisions of international
treaty, namely the convention on the rights of the child. The object of this treaty is to protect the
rights of children and young persons. But the Australian government is totally violating the
provisions of the international treaty by imposing the mandatory sentencing its states which are
against fact.
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Sixthly there are some opponents who argued against the continuation of mandatory sentencing
that they saw these types of sentencing just increase the value of the courts and status of prisons.
They do not reform the criminals when the criminals are treated cruelly by the government with
them. Then revenge elements are spurted into criminals. Thus the opponents of condemn against
the mandatory sentences in some states. All territories of the Australia. (Principals of sentencing
by Geraldine Mackenzie stobbs, 2010, page 138)
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Mandatory sentencing are violating human rights. The UN human rights committee has revealed
the Australian government is violating the rights of people who are living in Australia. In 1980 the
federal government imposed the international convent on civil and political rights. (ICCPR) which
was about human rights protection treaty in 1990 Australian government agreed with the ICCPR.
The object of ICCPR was that the people of Australia may directly file their complaints against
human rights to the UN human rights committee. After that the UNHRC has received 50
complaints of violation of
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Human rights by the Australians. In seventeen case the UNHRC strongly pointed out that Australia
has infridged the ICCPR rights. Moreover some Australians have got embarrassed with the court
system of their own country. They want foreigner tribunal who respect human rights while
announcing a judgment regarding a case they are saying that Australian government has no any
treaty regarding human rights protection. Moreover they argue that there is no or specific single
right court which hear the complaints about the violation of human rights. These are the cases in
which the Australian government has violated the human rights (Tanen vs Australia 1994 UN
Dock CCPR/C/50/D/484/1992) (4 April 1994)
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A versus Australia 1997 UN Dock CCPR/C/59/D/560/1993 (13 April 1997 Shafiq vs Australia
2006) in September 1999 Mr. Shafiq approached in by ship for asylum purposes he left Bangladesh
due to political conflicts when the Australian immigration verified about Shafiq they direct to
accept him there national immigration department refused to grant him visa because he failed to
show off his identity. The government put him into jail. Government did realize his because they
considered him offender.
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In July 2005 due to long detention in vault into mental preplan and admitted into mental hospital
where he was admitted. There was no fence if he wanted he could run away but he did not do so
after that the UNHRC concluded that Australian immigration department is violating the article 9
(1) which saves the fundamental right and liberty of the people living in Australia. So the Australia
is permanently violating the human rights. The sentencing system has started with the birth of
human beings the sentence is given to the offenders upon their illegal acts according to the amount
of their crimes. There are two types formally one day sentence and the second is
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Mandatory sentence. In some states or territories of Australia where are mandatory sentencing are
continued. Mandatory sentence is such a sentence which are judicial official is required to impose
regardless of the circumstances of the offences. Moreover in mandatory sentences the judicial
officer can not use his discretion power to impose their high or lower punishments regarding the
amount of the crime. This northern territories, western Australia, Victoria, Queensland and South
wales or such states or territories of Australia where mandatory sentences are existed. And upon
doing these crimes the mandatory sentences are imposed.
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Like murder certain child clients evading police possession, supply or traffiliking or unregistered
fire arms and driving under the influence of drugs. Thus convention is view by imposing
mandatory sentencing the crime ration may be reduced and the government has adopted their
modules method of punishment for mitigating the ratios of crime incapacitation, deterrent
punishment and including consistency into the sentencing. The legislations represent views these
are the best methods of sentencing through which criminals are
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Prohibited to do illegal acts the above mentioned states. Moreover there are some lawyers who are
against the policy of mandatory sentencing because they have represented 6 strong arguments
against the mandatory sentences which are respectively, firstly they believe mandatory sentences
directly leads to strict inaccordability which is against morality and injustice. Secondly according
to overseas research mandatory sentencing has a negative rule to reduce the crime, thirdly it is
unfair and unreliable process because we can not trust on prosecution department and
investigation. Moreover they believe mandatory sentencing direct affects to the mental capacity of
the offenders. Fifthly they believe that these sentences are violating the provisions of international
treaties. Australian government all the
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Time violating the provisions of UN which are regarding the rights of the people. Finally the
opponents believe the mandatory sentencing just increases the value of the courts and prisoners.
These two departments just do try to maintain their dignity by threatening to the innocent people
but it is also violation of human rights by imposing mandatory sentencing upon them in 1980 the
Fraser government organized the international convent on evil and political treaty. ICCPR which
was the pure about the human rights protection treaty. Moreover in 1990 the Australian
government agreed with ICCPR. The object
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In ICCPR was that the Australian people may directly file the complaints to UN human right
committee but the Australian government violated the UNHRC by mandatory sentencing upon
them.