Victoria's opposition leader Jess Wilson has proposed a radical overhaul of the state's highest court, aiming to increase sentences by splitting it into criminal and civil divisions. Legal and human rights groups immediately labeled the idea a 'dangerous and ignorant thought bubble' that would politicize the judiciary.
Under the plan, announced on Sunday, a dedicated court of criminal appeal would be created alongside a separate civil appeal court, staffed by additional judges with criminal law expertise. This would accompany tougher bail and sentencing laws the Coalition promises to enact within the year if elected in November.
'It's time for a new approach,' Wilson declared, claiming the new criminal court would 'empower specialist criminal law judges to ensure sentencing of criminals meet community expectations.' Each sentence would contribute to case law, helping establish 'appropriate consequences' for crimes.
Shadow attorney general James Newbury insisted the appointment process - governor on attorney general's recommendation - remains unchanged, though a 'strong background in criminal matters' would be a key focus. He mentioned consultations with judges and courts, though declined to discuss details, citing appropriateness.
Critics were not impressed. Liberty Victoria president Gemma Cafarella called it a 'dangerous and ignorant thought bubble designed without the input of experts,' warning that in 'properly functioning democracies,' parliaments make laws and courts apply them, separately. 'Governments shouldn't choose judges to get the outcomes they want,' she said, adding the proposal would politicize criminal courts.
Australian Lawyers Alliance spokesperson Greg Barns SC noted 'no clear evidence' the current court structure is failing, aside from underfunding, and called the plan 'a disturbing example of the risk of undermining the independence of the judiciary.' Alliance director Susan Accary said they were 'not persuaded' it would improve justice or address delays.
Law Institute of Victoria president Tom Ballantyne questioned what the proposal 'adds' given the court already has judges with extensive criminal expertise. 'Anything that could undermine the independence of the courts... could have significant consequences,' he warned.
The proposal comes amid a crime-focused election campaign, with Labor already passing 'adult time for violent crime' and tougher bail laws, plus a sentencing review. One Nation's Victorian leader Warren Pickering has also called for making 'bleeding heart judges accountable.'
Premier Ben Carroll dismissed the plan as evidence the Liberals are 'floundering,' questioning how they could 'rewrite case law overnight' and suggesting they lack legal expertise.
The Good Times
News in your inbox.
One sardonic roundup, delivered on your schedule. Free. Unsubscribe whenever your tolerance for wit runs out.
Already subscribed but we never reach your inbox? Check your spam folder and hit 'Not spam' (or 'Remove from spam') to bust us out of junk-mail purgatory. You'll be helping everyone else too.
Don't open any of our emails for a month and you'll be automatically removed from the mailing list.
Rewrite Article
Select parts to regenerate with a fresh AI pass. Translations will be updated automatically.
Generate AI Image
Creates a sardonic version of the article image using OpenAI.