I refer to the letter of 21 October (page 24, West Australian) from Sam McDonald entitled “A view of the nation” expressing his anger that drug money of approximately $50 million could have to be repaid to the offenders according to your report of October 17 (page 3).
Surely, the simple solution, which should be constitutional, is to reframe the current legislation by giving the sentencing judge the power to decide any monetary and property penalties. This would mean the sentencing judge would decide the total penalty (ie imprisonment, monetary and property penalties) that would be imposed on the offender.
As the sentencing judge would need to have all the details regarding the offender’s circumstances before handing down the total penalty, the advantage of this suggested reform is that there would be consistency of punishment between offenders.
– Brian G Tennant JP, Social and Law Reformer Campaigner, Member of Civil Liberties Australia