Recent NT News discussion on the perennial topic of crime and punishment seems to have generated more heat than light. Chief Justice Trevor Riley wrote an excellent piece pointing out basic facts about the NT criminal justice system, not least the fact that NT judges and magistrates are actually tougher on crime than any other part of Australia. However, that hasn’t stopped a succession of subsequent correspondents from asserting that judges are “out of touch” and adopting an excessively lenient approach.
Former Chief Minister Shane Stone even weighed into the debate with a piece advocating re-adoption of an expanded mandatory sentencing regime, ignoring the fact that crime in relevant categories actually increased while the last version of mandatory sentencing was in force and fell when it was repealed.
Territorians are justified in being worried about crime. Crime rates are twice as high here as the Australian average in most categories; in some they are significantly higher. Moreover, things are getting worse in some categories. Crime rates for homicides, house break-ins and sexual assaults have not changed over the last 6 years, but non-sexual assaults have increased by a disturbing 73% from already high rates, armed robberies by 58% and commercial break-ins and vehicle thefts by 71%.
There are limits to the extent any NT government can reduce crime rates, because we have a very young population with a high indigenous component and high levels of alcohol consumption. All are factors associated with higher crime rates. However that doesn’t deny that we can do better than at present.
Research and practical experience indicate that crime is not deterred by longer and longer prison sentences, but that increasing the certainty of being caught and meaningfully punished has a measurable crime-reducing effect. On the other hand, imprisoning young first offenders for short periods tends to increase crime rates. Most first offenders never commit another crime, but for some the “school for crime” effect of prison may outweigh any deterrent effect. That’s why judges view imprisonment as a last resort for young first offenders, even where the offence committed may seem one that warrants imprisonment. It depends whether you view crime reduction or “just deserts” as the main aim of sentencing.


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