Criminal law practitioners are questioning whether the Federal Court has exceeded its jurisdiction by further reviewing the sentences of convicted murderers and drug traffickers which have been the subject of a successful pardon application. They further suggest that the Revision of the Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 may be unconstitutional to the extent that it transgresses the authority of the Pardons Board.
The revisionary legislation was enacted earlier this year following the abolition by Parliament of the mandatory death and natural life imprisonment penalties. Since Nov 14, the apex court has been sitting to review the sentences of those on death row, and has commuted them to jail terms of between 30 and 40 years. These cases involve convicts whose petitions for pardon have not gone up for the consideration of the Pardons Board. The bench had also been reducing natural life jail terms imposed by the Pardons Board to fixed jail term
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