Mr SETTER - 1994-11-22
Mr Speaker, there has been some debate in the media recently about the Territory's mandatory life sentences for murder. Some people have said that murderers are getting off too lightly. Can the minister advise whether in fact this is the case?
ANSWER
Mr Speaker, certainly, the CLP government is not about to go soft on murderers, manslaughterers, rapists or any other kind of criminals. It is absolute nonsense to suggest that the Director of Public Prosecutions is making out lesser charges against people when the evidence indicates that they have committed murder. It is true that probably the Northern Territory is the only area of Australia which has a mandatory life sentence that means life.
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Mr Bell: It does not mean life. Do not tell lies.
Mr FINCH: It means life. In many other states, a life sentence means 12 years or 15 years. It has been accepted, at least in principle, that the Northern Territory government will examine whether life in the Northern Territory should mean that people become eligible to be considered for parole at 20 years, but that proposal has not yet been enshrined in legislation.
Mr Ede: Nobody has been sentenced for the term of their natural life.
Mr FINCH: Consider the current number of prisoners serving life sentences in Northern Territory jails. The Leader of the Opposition probably is very familiar with each and every one of them given that he has had correspondence with a number of them at least. At the moment, the longest-serving such prisoner is at the 12-year mark. These prisoners may well wish that, by the time that prisoner has served 20 years, the CLP government will have deliberated on the question of whether that person may be considered for release on parole at that time. In the meantime, they do not have a very bright prospect, and that is the way that this government wants it.
Mr Ede: However, it is not life.
Mr FINCH: Manslaughter can attract a life sentence also. The average sentence for manslaughter in the Northern Territory is approximately 8 years. Members opposite would be well aware that, in relation to other serious offences such as rape, the government is moving to make it a requirement under the Sentencing Act that offenders must serve at least 70% of their head sentence. They would be aware also that, before parliament at present, there are amendments to the Sentencing Act that will remove automatic remissions for all prisoners.
In relation to those who commit serious crimes, I am convinced that the community wants this government to have in place appropriate measures to suit the crime. People believe that is the way it ought to be. It is nonsense to suggest that the DPP is making out lesser charges in cases where there is sufficient evidence to presume murder. When a case comes before the court, the jury or the judge has the opportunity to reject the murder charge in toto or to have it amended to a lesser charge such as manslaughter. Thus, the person could be found not guilty of murder but guilty of manslaughter or of causing death through a dangerous act etc. This government intends to keep those strong laws in place and does not intend to go soft on these offenders.
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ANSWER
Mr Speaker, certainly, the CLP government is not about to go soft on murderers, manslaughterers, rapists or any other kind of criminals. It is absolute nonsense to suggest that the Director of Public Prosecutions is making out lesser charges against people when the evidence indicates that they have committed murder. It is true that probably the Northern Territory is the only area of Australia which has a mandatory life sentence that means life.
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Mr Bell: It does not mean life. Do not tell lies.
Mr FINCH: It means life. In many other states, a life sentence means 12 years or 15 years. It has been accepted, at least in principle, that the Northern Territory government will examine whether life in the Northern Territory should mean that people become eligible to be considered for parole at 20 years, but that proposal has not yet been enshrined in legislation.
Mr Ede: Nobody has been sentenced for the term of their natural life.
Mr FINCH: Consider the current number of prisoners serving life sentences in Northern Territory jails. The Leader of the Opposition probably is very familiar with each and every one of them given that he has had correspondence with a number of them at least. At the moment, the longest-serving such prisoner is at the 12-year mark. These prisoners may well wish that, by the time that prisoner has served 20 years, the CLP government will have deliberated on the question of whether that person may be considered for release on parole at that time. In the meantime, they do not have a very bright prospect, and that is the way that this government wants it.
Mr Ede: However, it is not life.
Mr FINCH: Manslaughter can attract a life sentence also. The average sentence for manslaughter in the Northern Territory is approximately 8 years. Members opposite would be well aware that, in relation to other serious offences such as rape, the government is moving to make it a requirement under the Sentencing Act that offenders must serve at least 70% of their head sentence. They would be aware also that, before parliament at present, there are amendments to the Sentencing Act that will remove automatic remissions for all prisoners.
In relation to those who commit serious crimes, I am convinced that the community wants this government to have in place appropriate measures to suit the crime. People believe that is the way it ought to be. It is nonsense to suggest that the DPP is making out lesser charges in cases where there is sufficient evidence to presume murder. When a case comes before the court, the jury or the judge has the opportunity to reject the murder charge in toto or to have it amended to a lesser charge such as manslaughter. Thus, the person could be found not guilty of murder but guilty of manslaughter or of causing death through a dangerous act etc. This government intends to keep those strong laws in place and does not intend to go soft on these offenders.
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Last updated: 09 Aug 2016