Mrs PADGHAM-PURICH - 1997-02-18
In light of the current extortion, blackmail and terrorist threats involving the Arnott's biscuit company interstate, will the Attorney-General examine our Criminal Code to ensure that it has adequate provisions to counter such criminal activity in the Northern Territory? If there are no such provisions, will he have the code amended as a matter of urgency?
ANSWER
Mr Speaker, I can assure the member that it will not happen in the Northern Territory. In the words of Arnott's, it will be stiff bickies for anyone who tries. From my cursory examination of legislation that is in place, section 228 of the Criminal Code may be appropriate in a case such as the Arnott's extortion threat. That section provides that any person who makes any demand ...
Mr BELL: A point of order, Mr Speaker! The question asked a legal opinion of the Attorney-General and therefore is in breach of standing orders.
Mrs Padgham-Purich: I did not ask for a legal opinion.
Mr SPEAKER: There was no legal opinion sought. The member for Nelson asked the Attorney-General to indicate whether there are any shortcomings in our legislation and, if there are, whether they will be fixed.
Page 1900
Mr BURKE: Mr Speaker, at this stage, I simply intended to explain what is in place at the moment. Section 228 of the Criminal Code provides that any person who makes any demand with menaces with intent to obtain some benefits for himself or another, or to cause some detriment or injury to another ...
Mr Bell: It is attempted murder!
Mr BURKE: Are you finished?
Mr Bell: It is attempted murder. Get to the central point ...
Mr SPEAKER: Order! The Attorney-General is attempting to answer the question.
Mr BURKE: I would have thought that this was a simple question and answer. That person is guilty of a crime and is liable to imprisonment for 14 years. There is a defence to a charge of a crime of this nature that provides that the making of such a demand was reasonable by the standards of an ordinary person in similar circumstances as the accused person. I doubt if that would apply in cases such as this. If a death were to occur as a result of a person consuming poisoned biscuits, it would be possible for the offences of murder, manslaughter or doing a dangerous act to be laid, depending on the circumstances of the case.
Page 1901
ANSWER
Mr Speaker, I can assure the member that it will not happen in the Northern Territory. In the words of Arnott's, it will be stiff bickies for anyone who tries. From my cursory examination of legislation that is in place, section 228 of the Criminal Code may be appropriate in a case such as the Arnott's extortion threat. That section provides that any person who makes any demand ...
Mr BELL: A point of order, Mr Speaker! The question asked a legal opinion of the Attorney-General and therefore is in breach of standing orders.
Mrs Padgham-Purich: I did not ask for a legal opinion.
Mr SPEAKER: There was no legal opinion sought. The member for Nelson asked the Attorney-General to indicate whether there are any shortcomings in our legislation and, if there are, whether they will be fixed.
Page 1900
Mr BURKE: Mr Speaker, at this stage, I simply intended to explain what is in place at the moment. Section 228 of the Criminal Code provides that any person who makes any demand with menaces with intent to obtain some benefits for himself or another, or to cause some detriment or injury to another ...
Mr Bell: It is attempted murder!
Mr BURKE: Are you finished?
Mr Bell: It is attempted murder. Get to the central point ...
Mr SPEAKER: Order! The Attorney-General is attempting to answer the question.
Mr BURKE: I would have thought that this was a simple question and answer. That person is guilty of a crime and is liable to imprisonment for 14 years. There is a defence to a charge of a crime of this nature that provides that the making of such a demand was reasonable by the standards of an ordinary person in similar circumstances as the accused person. I doubt if that would apply in cases such as this. If a death were to occur as a result of a person consuming poisoned biscuits, it would be possible for the offences of murder, manslaughter or doing a dangerous act to be laid, depending on the circumstances of the case.
Page 1901
Last updated: 09 Aug 2016