Sentencing Discounts

In reply to the Hon. D.G.E. HOOD ().30 April 2024).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I am advised:

The Sentencing Act 2017 provides for the maximum sentence reduction that a court may make in recognition of a guilty plea. However, the reduction to be given in any particular case is a matter for the sentencing judge, taking into account a number of factors including:

whether the reduction of the defendant's sentence by the percentage contemplated would be so disproportionate to the seriousness of the offence, or so inappropriate in the case of that particular defendant, that it would, or may, affect public confidence in the administration of justice; and

whether any genuine remorse on behalf of the defendant for the commission of the offence is so lacking that a reduction of the defendant's sentence by the percentage contemplated would be so inappropriate that it would, or may, affect public confidence in the administration of justice.

This government has progressed a number of important reforms to ensure that the convictions and sentences given to child sex offenders properly reflect the gravity of this type of offending, including:

2022 reforms increasing the maximum penalties on a range of child sex offences, including:

sexual intercourse with a child under 17;

use of children in commercial sexual acts;

sexualised communications with children; and

production, dissemination and possession of child exploitation material and child-like sex dolls;

2023 reforms to lower sentence reductions available for pleading guilty to possession of child exploitation material or dealing with child-like sex dolls;

2023 reforms to amend the Bail Act 1985 to require bail authorities to consider the harm that child exploitation material causes to children when considering bail for persons charged with such offences (including offences relating to child-like sex dolls).

The government will continue to carefully monitor the operation of the sentencing reduction scheme and will consider further reform if appropriate.