6 August 2024

Guy Barnett, Attorney-General

The Tasmanian Government’s Sentencing Amendment (Presumption of Mandatory Sentencing) Bill has passed the House of Assembly.

Attorney-General and Minister for Justice, Guy Barnett, said that today sends a strong message to those who would commit the most abhorrent of crimes.

“We have today fulfilled a commitment to strengthen penalties for serious sexual crimes perpetrated against Tasmania’s children and young people,” the Attorney-General said.

“We are legislating the community’s expectations, and by providing a minimum sentence of imprisonment we are delivering a powerful deterrent to would-be offenders.

“For transparency, the Bill requires the Court to provide reasons if it does not impose the minimum sentence.

"Offenders of sexual violence against children and our young people deserve significant sentences of imprisonment in recognition of the heinous, and lifelong effects of their criminal conduct on their victims.

“Our 2030 Strong Plan for Tasmania’s Future seeks to make our great State the best it can be – and by safeguarding and better protecting our most vulnerable we are a step closer to achieving our goal.”

This Bill will amend the Sentencing Act 1997 to provide for the following minimum terms of imprisonment:

  • 4 years’ imprisonment for the crime of rape (section 185 of the Criminal Code) where a victim is under 18 years at the time of the offence;
  • 4 years’ imprisonment for the crime of persistent sexual abuse of a child or young person (section 125A of the Criminal Code) where at least one of the unlawful sexual acts is a crime of rape;
  • 3 years’ imprisonment for the crime of persistent sexual abuse of a child or young person (section 125A of the Criminal Code) where there are circumstances of aggravation and none of the unlawful sexual acts is an offence of rape; and
  • 2 years’ imprisonment for the crime of penetrative sexual abuse of a child or young person (section 124 of the Criminal Code) where there are circumstances of aggravation; and
  • 2 years’ imprisonment for the crime of penetrative sexual abuse of a child or young person (section 124A of the Criminal Code).