The Papua New Guinea minimum penalties legislation *

Abstract

In an attempt to combat a perceived crisis in law and order, the Papua New Guinea Parliament has enacted a new scheme of mandatory minimum penalties of imprisonment applicable to a wide range of offences. Strong criticism by the judiciary and attempts to circumvent the new legislation have only resulted in further amendments by Parliament to increase the scope of the legislation and close the loopholes. It is submitted that this legislation is ill-conceived, and will not have the desired effect of deterring criminal activity. Rather the scheme creates a harsh and arbitrary system of justice in which judicial discretion is sacrificed to prosecutorial discretion, and courts, gaols and counsel are over-burdened.