A High Court judge has highlighted concerns over disparities in Fiji’s sentencing laws, saying courts can face a “conundrum” when dealing with young offenders and adults involved in similar crimes.
In a ruling delivered in Labasa on May 14, Justice Lee Burney said sentencing courts must balance Parliament’s intent with broader principles of fairness and equality in the justice system.
He made the comments while imposing suspended sentences in two persons who were convicted on defilement charges.
Justice Burney said the issue arises when one offender is under 18 years old and another is over 18, despite both being involved in broadly similar offending.
“It is a general principle of sentencing that those convicted of broadly similar offending ought to receive broadly similar sentences,” Justice Burney said.
He warned that significantly different penalties in similar cases risk undermining public confidence in the criminal justice system.
“Whilst no two cases are the same, and it is often repeated that sentencing is highly fact specific, it is axiomatic that the imposition of widely different sentences on offenders who commit broadly similar offences risks undermining public confidence in the fairness of the criminal justice system.”
Justice Burney noted that sentencing judges must respect the law while also trying to avoid excessive disparities between offenders in comparable situations.
“It is therefore problematic when statutory sentencing regimes create tension with this basic principle of equality and fairness,” he said.
The judge also referred to growing scientific understanding around brain development and maturity among young people.
“Full maturity and all the attributes of adulthood are not magically conferred on young people on their 18th birthdays,” Justice Burney stated.
He added that courts must continue to consider youth and maturity even after offenders turn 18.
“The youth and maturity of an offender continue to be factors that inform any sentencing decision even if an offender has passed his or her 18th birthday.”
Justice Burney also referenced overseas case law from England and Wales, which recognises that young people continue developing emotionally and psychologically into their mid-20s.
He said Fiji’s courts should adopt a similar approach in seeking to avoid unfair sentencing disparities where possible.
