Ms CARNEY - 2005-10-19
In November 2003, you promised that you would deliver the toughest package in the country against sexual predators. Indeed, you made the penalty for sex with a child under 10 years of age 25 years imprisonment. Last week in Alice Springs, as I am sure you will know, the Centralian Advocate reported on the rape of two children. In the first instance, the injury and rape was to a 7-month-old baby. It was so profound that her injuries were considered life-threatening. In the second case, the rapist continued the assault of a two-year-old girl even after she began screaming in pain. She was also very badly injured during the assault. The sentences delivered were five and six years respectively to each of the paedophile rapists and, in relation to the six years, there was a non-parole of four years six months.
Your child protection package is not working because the sentences you envisaged and hoped for simply are not being delivered. What, if anything, does government proposed to do about this?
ANSWER
Madam Speaker, I certainly share concern about these terrible crimes, with the victims being so young. It is hard to imagine what was in the perpetrator’s mind to do that to a child. The DPP is currently assessing the sentences that have come out of the court cases. Clearly, it is a decision for the Director of Public Prosecutions in his independent capacity to assess whether an appeal is appropriate. I await the decision on these two cases. However, it is my understanding that they are being assessed at the moment.
In common with all legislation I have brought to this House, I am prepared, at any time, to go back through it if we feel that the intention of the parliament is not being reflected in the outcomes of the court proceedings. Equally though, it is important for us in this House not to be bound to particular cases alone. It is always going to be a balance of allowing the courts to focus the new offences and the sentencing outcomes. We will have a look what happens with these two cases.
I take this opportunity to express my sympathy for both the victims and their families. They were terrible crimes. We will see what the Director of Public Prosecution determines they will do. If we have outcomes of this type on a systematic basis then we may have to review the legislation.
Your child protection package is not working because the sentences you envisaged and hoped for simply are not being delivered. What, if anything, does government proposed to do about this?
ANSWER
Madam Speaker, I certainly share concern about these terrible crimes, with the victims being so young. It is hard to imagine what was in the perpetrator’s mind to do that to a child. The DPP is currently assessing the sentences that have come out of the court cases. Clearly, it is a decision for the Director of Public Prosecutions in his independent capacity to assess whether an appeal is appropriate. I await the decision on these two cases. However, it is my understanding that they are being assessed at the moment.
In common with all legislation I have brought to this House, I am prepared, at any time, to go back through it if we feel that the intention of the parliament is not being reflected in the outcomes of the court proceedings. Equally though, it is important for us in this House not to be bound to particular cases alone. It is always going to be a balance of allowing the courts to focus the new offences and the sentencing outcomes. We will have a look what happens with these two cases.
I take this opportunity to express my sympathy for both the victims and their families. They were terrible crimes. We will see what the Director of Public Prosecution determines they will do. If we have outcomes of this type on a systematic basis then we may have to review the legislation.
Last updated: 09 Aug 2016