Judges may get freer hand in sentencing
Reform commission wants public input on its plan to allow suspended sentences for offences including manslaughter and sex attacks
A controversial proposal to change the way certain criminal offences are punished is set to ignite heated public debate.
The Law Reform Commission has suggested in its latest report that the list of so-called excepted offences - those for which judges currently have no discretion to impose suspended sentences - be completely repealed.
The reform commission has launched a three-month public consultation that ends on September 23.
Under the current system, judges sentencing individuals who have committed such offences - which include manslaughter, attempted indecent assault, affray, robbery, using weapons during a burglary or possession of an offensive weapon in a public place - must either impose immediate custodial sentences or mild penalties such as probation or community service orders, or fines, said veteran criminal barrister Joseph Tse Wah-yuen SC.
Those who support scrapping the excepted offences list argue that it gives rise to injustice by forcing judges to choose between jail sentences, which may be too harsh, or milder sentences, which may be too light.
But others, such as the Association Concerning Sexual Violence Against Women, say that allowing suspended sentences means some offenders can "walk free", even after they have admitted guilt.
