Page 2770 - Week 07 - Wednesday, 29 June 2011
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and that is still the case today—
unfortunately I have no expectation that the judgement will provide guidance on the level of penalties for these offences. This is unfortunate as the sentences in the A.C.T. for these offences lack consistency and appear to be lenient when compared to other jurisdictions.
The judges did remark during the hearing of the appeal on the low level of penalties for these offences in the ACT when compared to other jurisdictions as demonstrating the legislature’s intention that these sort of offences should not be taken as seriously as they were taken in other jurisdictions.
I put before the court in the Creighton matter a number of cases from NSW and Victoria. The court indicated that they were of limited value given the higher sentences in those jurisdictions.
Mr White, the Director of Public Prosecutions, then goes on to re-present his point in tabular form. Soon I will table, with leave, Mr White’s letter for the information of members. He goes on then to say:
It is highly likely that a matter such as the Creighton matter—where two victims were killed and one grievously injured—would be dealt with much more severely in both NSW and Victoria …
Mr White then went on to talk about another matter which related to inflicting grievous bodily harm. He said:
In the course of a sentence for a person convicted of an offence of intentionally inflicting grievous bodily harm, which sentence proceedings took place before acting Justice Matthews recently, the low level of penalties for the offence in the A.C.T. when compared to other jurisdictions was remarked upon by Her Honour.
In the A.C.T. under section 19 of the Crimes Act 1900, the penalty for intentionally inflicting grievous bodily harm is 15 years.
By comparison in New South Wales under section 33 of the Crimes Act 1900 the maximum penalty for wounding or grievous bodily harm with intent is 25 years. In Victoria under the Crimes Act 1958 section 16 the penalty for intentionally causing serious injury—
which is the similar offence—
is 20 years.
Mr White goes on at length to say that in those circumstances it is worth asking whether it is appropriate for penalties to be raised to levels similar to New South Wales and Victoria to enable appropriate punishments to be meted out in the most serious cases. This is a question that Mr White has asked. I think, Mr Speaker, it is a question that the members of the community have asked. I seek leave to table Mr White’s entire letter for the information of members.
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