There will never be another Jayden Myers in our country
How we Change Penalties for Serious Offences:
Jayden Myers raped four teenage girls, got given home detention of 9 months for his crimes, while in home detention at his fathers house he raped a 5th girl.
This is utterly unacceptable in my world: and we should not tolerate this moving forward
First home detention was never designed to be an option for serious offenders:
All offences of a physical harm or sexual nature are no longer allowed to have home detention as part of the senticing outcome.
All sentences of these crimes are Custodial - in prison
Second issue the level of sentence on these crimes:
All crimes are to be given a minimium and a maximum sentence
Judges are no longer allowed to discount sentencing below the minimum
Sentencing is concurrent and per incidence and not bundled even if charged and tried together.
In Jayden Myers case he would have been sentenced for each of the four rapes individually and terms added together, not treated as one.
Rehabilitation:
Perceived Rehabilitation potential is not a cause for reduction of sentences
Rehabilitation programs can be dictated by the court, but undertaken within the sentence period, not as a method to reduce the sentence.
Multipliers:
Where there is a knowable and avoidable aspect to a crime. (I.e. drunk and kill someone with a car), you are charged with the offence (man slaughter in this example) but because there was an avoidable element to it - (the getting in a car under the influence of alcohol), the sentence applies a multiplier i.e (1.5x)
Coward Punches multiplier (1.5X)
Attacking a healthcare, police, first responders officer in uniform or in the course of their duties a multiplier of 3x
As an example: If the judge determined the nature of the sentence was three years the event had a multiplier of 1.5, would make the sentence to 4.5 years.
This way there is a simple, transparent and unbiased approach for managing sentences with various compounding elements
Career Criminals with a volent histroy
In cases where an individual has more than two sentences of a violent or sexual nature. A Judge must now consider the likelihood of reoffending as given and the maximum sentence automatically applied to the judgement if found guilty.
The judge has to also have a valid reason for not applying preventative detention.
On an individuals fourth offense of a violent or sexual nature preventative detention is automatically applied on conviction
So in normal language if a person is deemed a career criminal of a serious nature judges have to have a reason not to detain them till they die, and on the fourth offence there is no choice by a judge they are automatically put away for the term of their life to protect the rest of the community.
Removing the Racial Bias
Regarding those politicians, organizations, and people who talk about one rule for all, you will never hear them talk about how the current sentencing is applied equally. The law may not stipulate a difference but the application of it, is a very different situation.
Before you ask there is so much research done on this, that we can no-longer put our heads in the sand and ignore the fact that based on the colour of your skin you get different outcomes.
This isn't woke as some would like to say, this is about being fair and real
Pragmatic, practical simple solutions:
Remove the ability for Bias on all low to mid level offences by establish a set sentencing outcome.
Example: DUI
First offence
No criminal charge, 1 year on a restricted license term (hours adjusted to work timings for shift or night workers), $1000 fine or 30 hours of community service to be actioned within 3 months of event, online drug and alcohol course
Any community hours served one month prior can be counted
Any breach of terms instantly escalates to second offence sentence
Second Offence
Criminal charge, 1 year full loss of license, interlock applied to main vehicle at individuals expense, in person drug and alcohol course
Any breach of terms instantly escalates to third offence sentence
Third offence, criminal charge, 90 days imprisonment, loss of license permanently, sale of vehicle
Any breach of terms instantly escalates to fourth offence sentence
Fourth offence
Preventative detention
Benefits:
Simple outcome: fair sentencing where everyone is treated the same.
We apply the same logic across all low to mid offences that aren't violent or sexual in nature, first time equals ok you made a mistake here is a penalty, second time equals this is more serious, third in jail, fourth you are done.
Reduced pressure on courts as low and mid level first offences can be actioned via a direct penalty outcome, leaving courts and judges time focused on more serious issues
meaning serious cases can be heard faster
Bias is removed in a practical manner, one rule for all means one rule for all.