Independent Judiciary – Notice of motion
(Notice of Motion, 25 February 2014, Legislative Assembly, NSW Parliament)
I give notice that tomorrow I shall move that this house agrees that:
- Judicial independence is necessary to the rule of law and the separation of powers and is a fundamental requirement for a fair trial.
- As a member state of a State Party to relevant United Nations instruments, New South Wales must apply basic principles on the Independence of the Judiciary including respect for and observance of that independence and allowing the judiciary to decide matters impartially and without inappropriate restrictions or influence.
- Broad sentencing discretion allows the courts to consider all relevant circumstances surrounding an offence, the offender and the victim to ensure the punishment fits the crime and the criminal, and reflects the community’s sense of justice.
- Mandatory sentencing fetters judicial discretion inappropriately and can lead to injustice.