"Give jury a say in sentence: top judge" SMH Feb 1, 2005

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Letters,
Sydney Morning Herald.

Dear Sirs,

Re: Your page 3 story by Michael Pelly entitled, "Give jury a say in sentence: top judge" said that NSW Chief Justice James Spigelman proposed that Juries "become involved in sentencing for serious crime, saying it would improve decision making and public confidence in the judiciary.". This he said at a dinner to mark the opening of the law year. The story went on to report that this "drew a sharp reaction from the head of the criminal law committee of the NSW Law Society, Pauline Wright, who said it could lead to "mob sentencing"."

All Australians are protected by Constitutional Enactments such as Magna Carta, Petition of Right, Habeas Corpus and Bill of Rights. These guarantee us the Right to Trial by Jury "in any action". The wording of Magna Carta says "by the lawful judgment of his equals" and the word "judge" literally means "to pronounce sentence". Therefore, it is the Jury's responsibility and function to pass sentence and the only way that a Judge can try or judge any part of an action is for there to be the clear and unequivocal consent of both parties to be without a Jury. Even with such consent, if a Judge believes there should be input from the community, he will summon a Jury. Without that consent the Court has no jurisdiction to proceed summarily.That is the Law. Those are the rights, privileges and obligations which cannot be affected by repeal or amendment. Constitutional Enactments, themselves, cannot be altered unless by Referenda. When the Federal Parliament tried to exclude trial by jury from contempt of court and courts martial, a Referendum in 1988 returned a resounding "No".

James Spigelman is well aware of this and is trying to offer a compromise so that Judges can hold on to power to which they are not entitled.

The attitude of the Law Society of talking about "mob sentencing" is consistent with the opponents of Democracy which they call "mobocracy". This jargon is an attempt to denigrate and sabotage the principles and practice of Democracy. Democracy means that the "people rule" and Juries are the people exercising their Sovereignty, ie: their ultimate authority to make and impose laws.

The Courts, themselves, are now under scrutiny and the question is: "Will the Judges bow to the Rule of Law?".

Yours sincerely,
John Wilson. .

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