Page 2869 - Week 09 - Tuesday, 11 October 2022
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
repeat offenders were arrested as part of a targeted crackdown. As a result of these operations, three stolen vehicles were returned to their owners.
Over the long weekend just passed, ACT police caught more than 100 drivers committing offences on ACT roads during the double demerit point period. Among the other offences detected were 15 drivers in unregistered vehicles and four unlicensed drivers. I would like to commend ACT police for their significant work through operation TORIC and for making our roads safer. I also recognise and note the continued advocacy from the Australian Federal Police Association for reform in this area.
I would like to acknowledge and support Minister Rattenbury’s call to establish a law and sentencing advisory council. Minister Rattenbury stated that the council will perform a dual role, with its primary purpose to support the government to keep the law current and relevant for the ACT community. The council will also have a sentencing advisory role, which may include the collection, analysis and publication of data on sentencing trends and practices.
I would like to note that the Victorian Sentencing Advisory Council, the equivalent body in Victoria, delivered a report in 2015 on major driving offences around current sentencing practices. The report analysed Victoria’s court sentencing in 358 cases over seven years of four major driving offences. These offences included culpable driving causing death, dangerous driving causing death, negligently causing serious injury where driving related, and dangerous driving causing serious injury. The report represents the most detailed examination of how major driving offences were sentenced in Victoria. The study found that whilst speeding was a contributing factor to all offences, different offences had different contributing factors. Speeding and alcohol were common factors in cases of both culpable driving and negligently causing serious injury. Speeding and driver inattention were common factors in cases of dangerous driving causing death. And speeding, alcohol, and intentional high-risk behaviour—for example, hooning—were the most common factors in cases of dangerous driving causing serious injury.
A number of factors increased the likelihood of a median prison sentence among the different offences, including prior driving offences; prior property and dishonesty offences, which were often a proxy for alcohol and drug abuse; and where a victim suffered permanent disability. The review also reviewed the median total effective term of imprisonment for all cases in relation to dangerous driving charges.
While we do not necessarily want to replicate Victoria’s sentencing outcomes, the point of sharing this data and this report is to say that this is the type of data that could be very helpful in understanding what factors come into play when judges deliver sentences in the ACT, particularly with respect to recidivist offenders. This report also clearly outlines co-occurring factors in offending, and highlights, for example, that speed and alcohol are factors in most of the offences. However, differences in age, gender and region can also be analysed. This can give us a good indication of where prevention can be focused. I think this report could be a useful referral point. And although we are a significantly smaller jurisdiction with far fewer convictions, I think this presents some questions that will be worth asking in this jurisdiction.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video