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Legislative Assembly for the ACT: 1997 Week 7 Hansard (24 June) . . Page.. 1965 ..

MR HUMPHRIES (continuing):

into account the prevalence of an offence. Members will recall that there was debate about that issue also when the Crimes (Amendment) Bill was debated in this place in 1993. Members will recall that I have written to members in the past about this very important issue, an issue that affects the sentencing policies of the court.

Ms McRae: Boring!

MR HUMPHRIES: While it might be boring to Ms McRae, it is a matter of enough concern by the judiciary to have it raised by them in a public way and also raised with me by the Director of Public Prosecutions, who has also drawn attention to what he believes is a weakness in the legislation.

I have written to members previously on this subject and related subjects to do with sentencing procedures. I have to indicate my view that the Chief Justice has a very clear point when he raises these concerns about the state of the Crimes Act. I will remind members that it is the view of the Assembly that the provisions in the legislation that the Chief Justice and, I think, other judges have complained of should remain, particularly the provision dealing with prevalence. I would, therefore, ask members to consider whether that provision ought not to be amended, as suggested by, among other people, the Chief Justice and the Director of Public Prosecutions.

It is a matter of some considerable importance, even if some members do not realise that. I hope that members will give serious consideration to the issues that have been raised there. It is affecting the way in which people who are convicted before our courts are being sentenced, and in some ways that sentencing policy has been perverted or corrupted by the way in which the legislation has been worded. I cannot fix it by myself. I need the support of members of this Assembly to do that. Members of this place - - -

Ms McRae: You cannot fix it in question time.

MR HUMPHRIES: Mr Speaker, if I could continue my remarks - - -

MR SPEAKER: Continue.

MR HUMPHRIES: Members of this place have, in the past, expressed reluctance - - -

Mr Berry: It is just posturing and mucking around.

MR SPEAKER: Order! I will ask Mr Humphries whether he would mind repeating his answer, because I did not catch it all.

MR HUMPHRIES: I would be happy to, Mr Speaker. The Government can indicate its view about these matters; but, of course, it is a matter for the Assembly. I simply convey through you, Mr Speaker, my appeal to members of the Assembly to consider again the position outlined in the Crimes Act to do with both the elements of rehabilitation in sentencing and the question of deterrence.

Mr Berry: It is your own portfolio.

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