Page 5359 - Week 13 - Wednesday, 16 November 2011
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I am surprised that the government is not prepared to increase the penalty for manslaughter but is prepared to increase the aggravated penalty. But I think it is a step in the right direction. With baby steps, we will make improvements in the statute book.
Amendment agreed to.
Clause 6, as amended, agreed to.
Proposed new clauses 6A to 6E.
MR CORBELL (Molonglo—Attorney-General, Minister for the Environment and Sustainable Development, Minister for Territory and Municipal Services and Minister for Police and Emergency Services) (11.09): I move amendment No 4 circulated in my name, which inserts new clauses 6A to 6E [see schedule 1 at page 5490]. I will deal with each of the proposed clauses.
Clause 6A amends the maximum penalty for the offence of intentionally inflicting grievous bodily harm. The effect of this clause is that section 19(1) of the Crimes Act would be amended to raise the maximum penalty for the offence of intentionally inflicting grievous bodily harm from 15 years to 20 years. It is the same amendment to the penalty for this offence as would have been made by the government’s Crimes (Certain Penalty Increases) Amendment Bill 2011.
This offence is of the utmost seriousness. In fact, it is one of the most serious offences in the Crimes Act. The DPP has drawn my attention to the potential inadequacy of the current maximum penalty for the offence. The new penalty will create parity between the penalty for this offence and the penalty for manslaughter. It will also create better balance between the penalty for the offence and the new penalties for the culpable driving offences established by the bill.
Clause 6B amends section 19(2) of the Crimes Act to raise the maximum penalty for the offence of aggravated intentionally inflicting grievous bodily harm from 20 years to 23 years. As I have said previously, the government is prepared to countenance a small penalty loading for aggravated offences for the sake of progressing reforms to maximum penalties. The increase to the penalty to the aggravated form of this offence made by this clause is in line with this position.
Clause 6C amends section 21 of the Crimes Act to raise the maximum penalty for the offence of recklessly inflicting grievous bodily harm from 10 years to 13 years. It is the same amendment to the penalty for this offence as would have been made by the government’s Crimes (Certain Penalty Increases) Bill, which was defeated by the Assembly earlier this year. When the penalty for the offence of recklessly inflicting grievous bodily harm is considered with other penalties, including proposed new penalties, it becomes clear that, in order to ensure an appropriate balance between penalties according to the seriousness of the offence, the maximum penalty for this offence should be increased moderately from 10 to 13 years.
Clause 6D amends section 22 of the Crimes Act to raise the maximum penalty for the offence of aggravated recklessly inflicting grievous bodily harm from 13 years to
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