Mr HIGGINS - 2014-03-19
Last week, known child sex offender, Brett Peter Cowan, was sentenced in a Queensland court for the murder of Daniel Morcombe. What laws does the Northern Territory have in place to protect the community from child sex offenders?
ANSWER
Madam Speaker, my distress on behalf of the Morcombe family is profound. I do not doubt, for one second, every member in this House would wish the best for the Morcombe family in the future in light of the pain and agony they have suffered for the loss of their son, Daniel.
Having made those observations in opposition, when I was the shadow Attorney-General, I was mindful of these things and attempted to introduce legislation to this House, if memory serves me correctly, relating to this type of offending. If I did not, I was talking about it in the public domain. The response from the then Labor government was, ‘No, we do not need that type of legislation; the Criminal Code Act will suffice’.
The problem is when a person like Mr Cowan is placed into a gaol cell for crimes against children - the most obscene and filthy crimes you could imagine - they are still, sadly, given a parole date and given a sentence which comes to an end. This means, at some point, they are released back into the community.
When I became Attorney-General, I said to my Cabinet colleagues, ‘There must be more we can do about these vile human beings, who are indescribable in their lowness’. I suggested it to my Cabinet colleagues, and was wholeheartedly endorsed, by passing the Serious Sex Offenders Act in the Northern Territory. We have subsequently identified one person in the process, who is now subject to restraint beyond the expiration of their sentence.
The laws of double jeopardy require once a person is sentenced for a crime they cannot be sentenced again. This is not to say, when a person like Mr Cowan presents a serious threat to the community, an application cannot be made to a court to have them restrained beyond the term of their sentence when they represent a real threat to the community.
I am proud, as the Northern Territory government is proud to have passed such legislation. It is possible, even probable, if Mr Cowan was still in custody in the Northern Territory, we would find such an order from a court and restrain him from going back into the public.
That is cold comfort for the Morcombe family, but done anyhow. It is something the CLP government has been proud to do. The Labor government, when in power, had an opportunity and did nothing about it.
Ms Lawrie: We referred it to the Northern Territory Law Reform Committee.
Mr Elferink: How did that help?
Ms Lawrie: The court referred it.
ANSWER
Madam Speaker, my distress on behalf of the Morcombe family is profound. I do not doubt, for one second, every member in this House would wish the best for the Morcombe family in the future in light of the pain and agony they have suffered for the loss of their son, Daniel.
Having made those observations in opposition, when I was the shadow Attorney-General, I was mindful of these things and attempted to introduce legislation to this House, if memory serves me correctly, relating to this type of offending. If I did not, I was talking about it in the public domain. The response from the then Labor government was, ‘No, we do not need that type of legislation; the Criminal Code Act will suffice’.
The problem is when a person like Mr Cowan is placed into a gaol cell for crimes against children - the most obscene and filthy crimes you could imagine - they are still, sadly, given a parole date and given a sentence which comes to an end. This means, at some point, they are released back into the community.
When I became Attorney-General, I said to my Cabinet colleagues, ‘There must be more we can do about these vile human beings, who are indescribable in their lowness’. I suggested it to my Cabinet colleagues, and was wholeheartedly endorsed, by passing the Serious Sex Offenders Act in the Northern Territory. We have subsequently identified one person in the process, who is now subject to restraint beyond the expiration of their sentence.
The laws of double jeopardy require once a person is sentenced for a crime they cannot be sentenced again. This is not to say, when a person like Mr Cowan presents a serious threat to the community, an application cannot be made to a court to have them restrained beyond the term of their sentence when they represent a real threat to the community.
I am proud, as the Northern Territory government is proud to have passed such legislation. It is possible, even probable, if Mr Cowan was still in custody in the Northern Territory, we would find such an order from a court and restrain him from going back into the public.
That is cold comfort for the Morcombe family, but done anyhow. It is something the CLP government has been proud to do. The Labor government, when in power, had an opportunity and did nothing about it.
Ms Lawrie: We referred it to the Northern Territory Law Reform Committee.
Mr Elferink: How did that help?
Ms Lawrie: The court referred it.
Last updated: 09 Aug 2016