Law reform should be based on logic not emotion, the ACT's Director of Public Prosecutions told the ACT Assembly dangerous driving inquiry on Friday.
Shane Drumgold SC told the inquiry committee that any reforms should be handled cautiously in that may have "unintended ramifications" for the criminal justice system, as it "might capture that which it might not want to capture and ultimately there needs to be an assessment of how well it [the reform] would achieve what it is seeking to achieve".
He believed the "wide discretion" granted to the ACT judiciary on bail and sentencing was a "good thing".
Presumptions for bail and allegations of lenient sentencing have been the subject of recent and significant community discussion in the ACT. Petitions supported by thousands of people have been submitted to the ACT government urging judicial reforms and reviews.
"At the moment bail considerations are pretty clear, it's based on a number of criteria with Section 22 of the Bail Act ... and a judicial discretion is brought to that with the benefit of arguments from both sides and the judiciary ultimately arrives at the best possible point," he said.
"Fettering that can often lead to people that the law is not intended to capture being caught by those provisions."
One ACT court outcome for culpable driving causing death which generated considerable community outcry was that imposed on truck driver Akis Livas in May 2020.
Livas knew for years he likely had sleep apnoea before he "blacked out" behind the wheel of a seven-tonne truck and ploughed into the back of a stationary Ford Territory in July 2018, killing four-year-old Blake Corney in the back seat.
Livas was found guilty and sentenced to three years and three months. He is now out on parole.
"Consistency in sentencing [in the ACT] is not a problem, I don't think, it's inconsistency that's the problem," Mr Drumgold said.
"We have a very experienced judiciary in the ACT so by and large, we tend to have consistent sentencing."
However, he admitted ACT sentencing was inconsistent before a review of maximum penalties in 2011, leading to the introduction of the Crimes Penalties Act.
We've made it a whole lot easier for you to have your say. Our new comment platform requires only one log-in to access articles and to join the discussion on The Canberra Times website. Find out how to register so you can enjoy civil, friendly and engaging discussions. See our moderation policy here.
