Page 5361 - Week 13 - Wednesday, 16 November 2011

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now we have got the Liberal Party proposing 25 years. Frankly, this kind of one-upmanship, jumping around and coming up with a number that seems to fit in somewhere and has no real basis of evidence, absolutely exemplifies why the Greens have significant reservations about the way this debate is being conducted. We sit around in offices upstairs, going: “Well, what if we make it this? What if we make it that? It somehow fits on a scale.”

That is not the way to deal with these sorts of penalty provisions. We have basically ended up with a five-year increase in the penalty as some sort of afterthought that was certainly not contemplated in the initial instance. It appears to have been arrived at by some process of needing to continue to outbid each other to find some appropriate way forward. I just think that it reflects poorly on this Assembly that this is the way that we are doing penalty making in this place.

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) (11.17): The government will support Mrs Dunne’s amendment. Mrs Dunne’s amendment to the government’s 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 25 years, instead of 23 years.

The government has not stepped away from its very strong support relating to aggravated offences which involve harm to a pregnancy. Mrs Dunne’s amendment takes a slightly different approach in suggesting two extra years. This is not the type of issue that this place should be seen to quibble on. Violence against women, in particular violence where a pregnant woman is involved, should not be tolerated. It is one of the most grievous offences on the statute book. The Assembly should aim to leave no doubt about the gravity of the offence involving harm to a pregnancy in the minds of the courts and the community.

Amendment agreed to.

Proposed new clauses 6A to 6E, as amended, agreed to.

Clause 7.

Mrs Dunne’s clause would raise the maximum penalty for culpable driving causing death from seven years to 15 years. The government believes that a maximum penalty of 14 years for this offence is more appropriate than the 15 currently provided for by this clause. A maximum of 14 years provides a better balance with the proposed increases to grievous bodily harm offences and is also better aligned with the seriousness of the offence.

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