NFO evaluation 4

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  • NFO Evaluation 4
    • 1. Sentencing does not always fairly reflect the severity of the offence
    • eg. the maximum sentence for both s47 and s20 is 5 years
    • the same sentence for 2 crimes with different levels of seriousness seems unfair as there is a big difference in the level of injury and in the nature of mens rea BUT this is not being reflected in the max sentence
    • judges currently never give 5 years for a s47 as it is only a max sentence
    • the problem with this is that the punishment should fit the crime, they shouldn't have to give a shorter sentence because even they know it is unjust
    • the LC propose to increase the max sentence for s20 up to 7 years imprisonment and split s47 into two offences with lower sentences
    • this is an improvement as it signals some difference between s47 and s20
    • but doesn't go far enough as s18 which s20 is most similar to, as it carried a max life sentence and 7 years is still a long way off from this

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