Blessie Gotingco: Greater scope to impose Preventive Detention needed

The Sensible Sentencing Trust is calling on the Government to change the law to allow the Crown to apply for preventive detention to be re-considered when an offender has reached the end of their sentence.

SST spokesman, Garth McVicar today said: “Tony Robertson, the killer of Blessie Gotingco, was given the benefit of the doubt in 2005 when the Crown applied for an open-ended sentence of preventive detention in response to his abduction and sexual assault of a young girl.

“Despite the Crown’s strong arguments in favour of the protective sentence, the Judge sided with Robertson, in large part due to his young age, and thought Robertson could be rehabilitated. He imposed a finite sentence of eight years imprisonment.

“Robertson chose not to rehabilitate or change his ways. Despite that, a Judge could not reconsider the decision to give Robertson the benefit of the doubt when he reached the end of his sentence, eight years later. Robertson had not changed one iota. But the Crown and Judge’s hands were largely tied. All that could be applied for was an Extended Supervision Order (ESO).”

McVicar continued: “At present, preventive detention (an open-ended sentence intended for the highest risk offenders) is only able to be considered at the time an offender is sentenced. As intelligent as most Judges are, they do not have a crystal ball and cannot know with any certainty whether an offender like Robertson will change. Further, the law requires Judges to impose a lengthy sentence in preference to one of preventive detention, even for the highest risk offenders.

We are calling on the Government to change the law to give the Crown, and Judges, greater ability to protect the public from offenders like Tony Robertson.

ENDS

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