Sentencing Matters

Teens across Queensland who share explicit images using smartphones, social networks and game consoles may be committing an offence. This could not only lead to cyberbullying but also a criminal record. Over the last decade more than 1500 young people under 17 years of age have been cautioned or conferenced by Queensland Police for child exploitation material offences — the majority for sexting. Our seminar discussed the issue of teen sexting from all sides: victims, perpetrators and the criminal justice system kicking off with the real-life story of a 15-year-old boy unwittingly caught up in sexting. Our panel of experts provide insight into this type of incident, how it can be prevented and how, if left unaddressed, it can quickly escalate and hold significant consequences for young people. Panel members: — Helen Watkins, Queensland Sentencing Advisory Council — Wayne Steinhardt, Queensland Police Service — Rob Priddey, Cybersafety Team, Department of Education — Prof Mark Kebbell, Griffith Criminology Institute

Sentencing for criminal offences arising from the death of a child - Final report

Listen to the latest edition of our podcast Sentencing Matters, where we talk to Professor Lorana Bartels from the University of Canberra about the use of community correction orders. Prof Bartels undertakes research in criminal law and criminology, with a particular focus on sentencing and corrections. The podcast looks at how community correction orders are not being widely utilised by judicial officers — and asks how uptake could be improved. Prof Bartels takes us through how appropriate use of these orders can lead to better outcomes for offenders and the community as a whole, while also alleviating rising prison populations and costs.

Listen to the latest edition of our podcast Sentencing Matters, where we talk to Deputy President of the Queensland Parole Board Julie Sharp about the broad range of backgrounds and experience represented and how the Parole Board makes decisions. The conversation focuses on the range of factors considered when determining a person’s suitability for parole and that community safety is the top priority for the Parole Board.

In the second of our special youth justice mini-series, Detective Chief Superintendent Cheryl Scanlon revisits the story from our sentencing seminar What happened with Jake? focusing on the importance of early intervention when dealing with young offenders. Cheryl talks about the rise of teen sexting and the importance of making sure policies and practices keep up with a changing society.

Canadian Senator Kim Pate has spent the last 35 years as an advocate for the marginalised and institutionalised — particularly Indigenous women and girls. Senator Pate talks to us about how she was surprised to discover significant differences in the treatment of women in the Canadian criminal justice system compared to men. A strong opponent of mandatory minimum sentencing, Senator Pate explains how it can exacerbate inequality rather than protect against it — and how women living in poverty are the ones more likely to suffer the consequences. She argues poverty has a direct relationship to a woman’s chances of ending up behind bars for longer periods. She also explains the story behind Canada’s Gladue reports, which are used in the sentencing of Indigenous people.

In this episode, we talk to the Governor of Tasmania, Professor Kate Warner AC, about her renowned studies into public perceptions of sentencing. Although judges are often branded ‘soft on crime’ in today’s media, the research shows when presented with the facts of a case, members of the public are actually likely to be more lenient. Professor Warner explains how the research was carried out, the questions that were asked of jurors and how the study has progressed from Tasmania to Victoria and now to a national study looking at sexual and violence offences. She reveals the results of the surveys and discusses the merit of sentencing remark summaries being published by Australian courts to help educate the public about the sentencing process.

In this youth justice special, Cheryl Leavy, Deputy Commissioner Queensland Family and Child Commission, promotes early intervention when a child is showing clear signs of struggling with life, to prevent a pathway to the juvenile system. She gives tips on how people can get involved in a safe and responsible way, pointing out that protecting children is everybody’s business. The conversation focuses on children in out of home care, minor offending and police call outs – which can lead to young people facing the courts.

In this episode, we talk to Sonya Ryan, founder of the Carly Ryan Foundation. In 2007, Sonya’s 15-year-old daughter Carly was killed at the hands of a child sex offender, 47-year-old Garry Newman, who she met online, despite her best efforts to keep the teen safe on the internet. Through Carly’s story, the podcast gives insight into those who misrepresent their age to engage with and exploit young people on the internet. Sonya outlines the work of the Carly Ryan Foundation to keep young people safe from online groomers and prevent them engaging in sexting and image based abuse — which are in fact child exploitation material offences. Sonya also talks about Carly’s Law, which makes it a crime to plan to harm a child under 16 (especially those who misrepresent their age online) punishable by a maximum penalty of 10 years in prison. She also speaks about how the vulnerability of a child should be taken into account during the sentencing process.

Griffith University Deputy Head of School at the School of Criminology and Criminal Justice Dr Christine Bond provides an insight into the specialist domestic and family violence court at Southport on the Gold Coast. This court was the first of its kind in Queensland, offering dedicated magistrates, police prosecutors, defence lawyers and support officers for both the aggrieved and perpetrators, with expertise in domestic and family violence issues.

This episode introduces extensive research conducted in the United States by Professor Todd Clear of Rutgers University, which involves detailed analysis of US incarceration rates over a 30-year period. He discusses his experiences in how best to influence public and political debate about incarceration. He acknowledges the emotive nature of this topic but reasserts his firm belief that evidence can — and has — informed the prison debate by presenting statistics, individual stories and addressing preconceived ideas about offenders and community safety. He also highlights the implications of prison for the children of prisoners and talks about the problem of inter-generational cycles of violence, substance misuse and imprisonment.

Victorian and Tasmanian Sentencing Advisory Council chair Emeritus Professor Arie Freiberg discusses how councils are bridging the gap between the community, the courts and governments.

Former California Supreme Court Judge Peggy Hora explores the topic of being smart on crime with evidence-based sentencing.

Griffith Criminology Institute researcher Rebecca Wallis discusses the principles and purposes of sentencing in Queensland. She explains that sentencing is a complex process—one that follows the law as set out in the Penalties and Sentences Act 1992.