Mike Stanton
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mikestanton.bsky.social
Mike Stanton
@mikestanton.bsky.social
Senior Counsel at the Victorian Bar - Brian Bourke Chambers. Immediate Past President at Liberty Victoria. Rugby tragic. Naarm/Melbourne via Ngambri/Canberra. Interests include #auslaw and #auspol. He/him.
And as soon as there is another incident the call for ever more draconian laws will be made and Labor will find themselves wedged again and the cycle will repeat itself ad nauseam. 10/10
February 5, 2025 at 11:38 PM
Now of course the Government just looks weak and unprincipled and has handed the opposition a victory for no proper reason rather than holding the line and explaining to the public why mandatory sentencing fails. 9/10
February 5, 2025 at 11:38 PM
And why support this amendment when the Bill would have been enacted? The only reason can be that the Government didn't want to be attacked coming into the election on the basis they didn't support the amendments. 8/10
February 5, 2025 at 11:38 PM
And where is the evidence that sentences for these offences are too low? There simply isn't any. The hate symbols offences are new and people usually receive far lengthier sentences for terrorism offences. So why are the laws necessary? 7/10
February 5, 2025 at 11:38 PM
I tried to explain the botched approach to these hate symbol laws here: johnmenadue.com/symbolic-pol... 6/10
Symbolic politics and 'terrorist' symbols - Pearls and Irritations
Until recently, many Australians would not know it could be a criminal offence to display the symbol of a terrorist organisation in public.
johnmenadue.com
February 5, 2025 at 11:38 PM
The laws may extend, for example, to the red star used by the Kurdistan Workers' Party and, even more concerningly, something that so nearly resembles the symbol that it is likely to be confused with, or mistaken for, it. 5/10
February 5, 2025 at 11:38 PM
People should be aware that these mandatory sentences apply to all hate symbols, so not just the Hakenkreuz (Nazi Swastika). It would extend to all symbols used by all thirty (!) proscribed terrorist organisations. Do you know the organisations and their symbols? 4/10
February 5, 2025 at 11:38 PM
So a race to the bottom with politics over principle again, just like past examples: rightnow.org.au/opinion/labo... 3/10
Labor’s Mandatory Sentencing Problem - Right Now
Labor's own 2023 National Platform opposes mandatory sentencing. So why is the Albanese Labor Government introducing mandatory sentencing laws now?
rightnow.org.au
February 5, 2025 at 11:38 PM
From Labor's national platform: "Labor opposes mandatory sentencing. This practice does not reduce crime but does undermine the independence of the judiciary, lead to unjust outcomes and is often discriminatory in practice." 2/10
February 5, 2025 at 11:38 PM
‪If people are interested in a longer form article as to why mandatory sentencing fails, I tried to address the issue in the Victorian contact here: bridges.monash.edu/articles/jou...
https://bridges.monash.edu/articles/journal_contribution/Instruments_of_Injustice_The_Emergence_of_Mandatory_Sentencing_in_Victoria/22121348‬
February 5, 2025 at 12:02 PM
Thanks Angus!
January 23, 2025 at 12:43 AM