Katherine Akele

About the issue Plea bargaining: A highly exploited method for the past 100 years. Established through common law – “Doctrine of Reception”. Prosecution offers the defendant an opportunity to plead guilty to the crime they committed, and in return they will receive a lighter punishment.

Problems with this issue Plea bargains usually occur in private. The Police Association of NSW submitted the “Sentencing Discounts Report” to the NSW Sentencing Council - “many officers are losing faith in the transparency and reliability of the justice system”. Confidence in the Criminal Justice System is beginning to erode – reliable means of achieving justice?

Problems with this issue In a normal criminal trial evidence is presented by both parties. Plea bargaining excludes information collated by victim & limits information utilised during sentencing. Victim has no say in the process. Article, “Victims ignored in plea deals” - states that “the full extent and circumstances of most cases are not revealed when a plea bargain occurs” – direct injustice to victim.

Aitken v South Australia (2000) Facts: Scott Aitken alleged to have purposely crashed his car in an attempt to kill his 4 children. 2 were killed in the process. He was originally charged with two counts of murder and two counts of attempted murder. Would have carried a possible sentence of life imprisonment if he was convicted.

Aitken v South Australia (2000) Decision: Following negotiations, charges were reduced to causing death by dangerous driving and grievous bodily harm which Mr Aitken pleaded guilty to. Mr Aiken was given a two year suspended sentence with a one year non-parole period. Issue: Although Mr Aitken was still punished, the degree of the conviction did not reflect the severity of the crime – decision was not just.

Problems with this issue Negotiations involved in plea bargaining process are seen as demeaning. 80% of cases are determined by plea bargaining Perception of allowance to “negotiate” a conviction is increasing – if a victim pleads guilty they will automatically receive a lesser punishment. Article, “DPP Inquiry may look at plea bargaining” states “Police, as well as Attorney-general John Hatzistergos, are concerned that the practice shows favouritism towards criminals over victims” – reduces effectiveness of Criminal Justice System.

Advantages of Plea Bargaining Average cost of a trial is $ per day for the duration of the trial plea bargaining = alternative, therefore costs incurred decrease with the elimination of court, jury and other judicial costs. Expediting nature allows more cases to be completed in a shorter amount of time – reduces court back-logs and apprehends more criminals. Guarantees the offender will be punished. Shows that plea bargaining can be an efficient and effective means of achieving justice for the individual and society.

Reforms addressing the issue Sentencing Act 1991: Section 6AAA - “the court must state the sentence and the non-parole period that it would have imposed but for the plea of guilty.” Ensures restrictions are maintained and applied to control how plea bargains are undertaken and awarded.

Reforms addressing the issue Crimes (Sentencing Procedure) Act 1999: “a lesser penalty that is imposed in relation to an offence must not be unreasonably disproportionate to the nature and circumstances of the offence.” Limits extent the sentencing discount can be granted, ensuring a reasonable punishment is still applied.

Reforms addressing the issue Article, “Plea bargaining debate continues in NSW”: states that there is considerable debate between lawyers and police as to “whether plea bargaining leads to criminals getting off serious charges”. In response – NSW State Government ordered a Review of plea bargain sentencing guidelines. Review will examine how pleas to lesser charges are negotiated and principles applied when sentencing reductions are granted.

Reforms addressing the issue Police Association of NSW – launching a campaign in an attempt to restrict ability of the DPP to allow plea bargains. President Bob Pritchard says – “the bargains should only be permitted if the police and victims are firstly consulted and then allow it” Campaign aiming to enhance public awareness on this argument and encourage the implementation of further reforms relating to plea bargaining.

Conclusion Plea bargaining: Faster, more efficient means of sentencing an offender. However causes injustices towards the victims of these crimes and society in general. Further responses needed to improve the effectiveness of the plea bargaining process and therefore the effectiveness of the Criminal Justice System in achieving justice in Australia.