Serious sexual offenders are walking out of court on community sentences in numbers one former magistrate has labelled “disgraceful” amid concerns that judges are banned from imposing stricter control orders because of a sentencing loophole.
Legal experts also expressed disbelief that some rape victims are being refused protection via apprehended violence orders, leaving them vulnerable and fearful.
Under 2018 sentencing reforms, the Coalition government banned intensive correction orders (ICO) – the middle ground punishment between full-time custody and a CCO – for serious offences including serious sexual assaults, murder, manslaughter and terrorism, finding they deserved a harsher penalty.
These “custodial” sentences were served in the community with strict monitoring and other potential conditions such as home detention and electronic monitoring.
Some say that change has inadvertently led to judges relying on lenient CCOs to avoid imprisoning sexual offenders.
Source: NSW crime: Serious sexual offenders walking free on community orders