Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 sentencing and targeted bail programs) and an increased emphasis on the role of therapeutic interventions to target high re-offending rates. Mandatory minimum sentencing 78. The Commission has expressed concern about the use of mandatory sentencing laws and their disproportionate impact on Aboriginal and Torres Strait Islander peoples and children.65 79. The Commission intervened in the matter of Magaming v The Queen, 66 an appeal to the High Court challenging the constitutional validity of mandatory sentencing for certain people smuggling offences under the Migration Act 1958 (Cth). The Commission submitted that the imposition of mandatory minimum sentences offends the right to be free of cruel, inhuman and degrading treatment protected in article 7 of the ICCPR, ‘to the extent that such a law deprives the defendant of the opportunity to put mitigating circumstances of the offence and the offender which might otherwise reduce the sentence of imprisonment or non-parole period below the statutory minimum, or perhaps have led to the imposition of a non-custodial sentence.’67 The High Court by majority upheld the validity of mandatory sentencing in this case.68 80. With regard to the Committee’s question on the repeal of mandatory sentencing laws in the Northern Territory and Western Australia, the Commission notes that mandatory sentencing regimes are still in place. In Western Australia 2013 amendments have extended the application of these provisions to include offences committed against youth custodial officers and certain offences that are committed in connection with declared criminal organisations.69 The Northern Territory introduced new mandatory sentencing laws in 2008 and has further extended the mandatory sentencing regime to a range of violent offences in 2013.70 81. The Commission notes that several jurisdictions in Australia currently have legislation providing for the application of mandatory minimum sentences to certain offences.71 In January 2014, New South Wales introduced new mandatory minimum sentences for assaults.72 Victoria has also introduced new mandatory minimum sentences for violent offences applicable from 1 July 2013.73 The 2012 and 2013 Queensland amendments provide for mandatory minimum sentences for sex offences, firearms offences and other offences involving participants in a criminal organisation.74 Criminal justice system – other Issues 82. Excessive and inappropriate use of force: The Commission intervened in the Inquests into the deaths of Mr David Gurralpa on 1 January 2008 and the death of Mr Robert Plasto-Lehner on 28 December 2007. Mr Gurralpa was in custody at the time of his death and Mr Plasto-Lehner’s death was caused or contributed to by injuries sustained while being held in custody. Mr Gurrulpa was an Indigenous man and Mr Plasto-Lehner had mental health issues. 20