❓ Mr. Morton questions the Minister for Police on how the Criminal Law Amendment (Home Burglary and Other Offences) Bill 2014 will deliver sentences matching community expectations for violent home invasions and address repeat offenders. The Minister outlines the legislation's impact on sentencing and recidivism.
AnsweredQoN 732Legislative Assembly
QuestionView source ↗
CRIMINAL
LAW AMENDMENT (HOME BURGLARY AND OTHER OFFENCES) BILL 2014
732. MR N.W. MORTON to the
Minister for Police:
Yesterday, the Liberal‑National government delivered on
another significant election commitment —
Mr P.C. Tinley :
Preamble!
The SPEAKER :
Member for Willagee, I call you to order now for the third time.
Mr
N.W. MORTON : I will start again, if that is okay.
My question is to the Minister for
Police. Yesterday, the Liberal–National government delivered on another
significant election commitment with the passage of the Criminal Law Amendment
(Home Burglary and Other Offences) Bill 2014. Can the minister please outline
how this legislation will help deliver sentences for violent home invasions
that match community expectations, and how fixing the three-strike counting
will lead to more prolific offenders being taken out of the community?
LAW AMENDMENT (HOME BURGLARY AND OTHER OFFENCES) BILL 2014
732. MR N.W. MORTON to the
Minister for Police:
Yesterday, the Liberal‑National government delivered on
another significant election commitment —
Mr P.C. Tinley :
Preamble!
The SPEAKER :
Member for Willagee, I call you to order now for the third time.
Mr
N.W. MORTON : I will start again, if that is okay.
My question is to the Minister for
Police. Yesterday, the Liberal–National government delivered on another
significant election commitment with the passage of the Criminal Law Amendment
(Home Burglary and Other Offences) Bill 2014. Can the minister please outline
how this legislation will help deliver sentences for violent home invasions
that match community expectations, and how fixing the three-strike counting
will lead to more prolific offenders being taken out of the community?
AnswerView source ↗
I thank the member for Forrestfield
for this question. He will no doubt immediately race to inform his constituents
of the achievement of yet another Liberal–National government election
commitment in the law and order space.
I was really pleased to see this
legislation pass through the Legislative Council last night. As a result of
this legislation, police are feeling that their work is going to be more
meaningful, because we have effectively changed the counting rules for our
repeat recidivist home burglars. If a person is convicted of three offences of
home burglary, they will be going to jail for a mandatory minimum term of two
years, rather than requiring three court appearances. Juveniles—16 and
17-year-olds—will be looking at 12 months in detention. In addition, we
have increased those penalties for the very small number of violent home
invaders who, instead of fleeing when they enter premises to steal from the
occupant, stay and perpetrate grievous harm against the occupier of the home or
indeed sexually assault or seriously assault them in other ways. The penalty
for those offenders will now be a mandatory minimum term of 75 per cent of the
maximum term. Those offenders who commit grievous bodily harm are looking at
seven years and six months. If it is a sexual assault, it is a mandatory
minimum term of 15 years, which will now be the starting point for the courts.
We are really pleased to see these mandatory minimum penalties go through
Parliament, notwithstanding it took us some time to get this legislation
through Parliament. We had a lot of filibustering, a lot of rhetoric —
Ms
M.M. Quirk : It's called democracy.
Mrs
L.M. HARVEY : Here it comes—the inane monologue from the member for
Girrawheen. Here it comes!
Mr
M.P. Murray : Get on with your job!
The
SPEAKER : Member for Collie–Preston, I call you to order for the
first time.
Mrs
L.M. HARVEY : Those opposite went through the entire debate high-fiving
their mates in the Law Society of Western Australia and saying, ''We are
opposing mandatory penalties.'' They talked against it. We had all the
rhetoric out there and the bizarre scenarios from the member for Butler, and
what did they do? Did they vote against it? No, they did not vote against it.
They just sat back quietly and let it pass through —
Dr
A.D. Buti interjected.
Mrs
L.M. HARVEY : The member for Armadale is so opposed to mandatory penalties—how
did he vote?
Dr
A.D. Buti interjected.
The
SPEAKER : Member for Armadale, I call you to order for the first time.
Minister, a quick answer, through the Chair.
Dr
A.D. Buti interjected.
The
SPEAKER : Member for Armadale, I call you to order for the second time.
Mrs
L.M. HARVEY : We are really pleased —
Dr
A.D. Buti interjected.
The
SPEAKER : Member for Armadale, I call you to order for the third time.
Mrs
L.M. HARVEY : We are really pleased to have achieved another Liberal–National
government election commitment. We look forward to the implementation of this
law in the very near future. Potentially, this law could be operational in four
weeks. I commend the members of this house who supported this legislation for
not only what they said, but also how they voted.
for this question. He will no doubt immediately race to inform his constituents
of the achievement of yet another Liberal–National government election
commitment in the law and order space.
I was really pleased to see this
legislation pass through the Legislative Council last night. As a result of
this legislation, police are feeling that their work is going to be more
meaningful, because we have effectively changed the counting rules for our
repeat recidivist home burglars. If a person is convicted of three offences of
home burglary, they will be going to jail for a mandatory minimum term of two
years, rather than requiring three court appearances. Juveniles—16 and
17-year-olds—will be looking at 12 months in detention. In addition, we
have increased those penalties for the very small number of violent home
invaders who, instead of fleeing when they enter premises to steal from the
occupant, stay and perpetrate grievous harm against the occupier of the home or
indeed sexually assault or seriously assault them in other ways. The penalty
for those offenders will now be a mandatory minimum term of 75 per cent of the
maximum term. Those offenders who commit grievous bodily harm are looking at
seven years and six months. If it is a sexual assault, it is a mandatory
minimum term of 15 years, which will now be the starting point for the courts.
We are really pleased to see these mandatory minimum penalties go through
Parliament, notwithstanding it took us some time to get this legislation
through Parliament. We had a lot of filibustering, a lot of rhetoric —
Ms
M.M. Quirk : It's called democracy.
Mrs
L.M. HARVEY : Here it comes—the inane monologue from the member for
Girrawheen. Here it comes!
Mr
M.P. Murray : Get on with your job!
The
SPEAKER : Member for Collie–Preston, I call you to order for the
first time.
Mrs
L.M. HARVEY : Those opposite went through the entire debate high-fiving
their mates in the Law Society of Western Australia and saying, ''We are
opposing mandatory penalties.'' They talked against it. We had all the
rhetoric out there and the bizarre scenarios from the member for Butler, and
what did they do? Did they vote against it? No, they did not vote against it.
They just sat back quietly and let it pass through —
Dr
A.D. Buti interjected.
Mrs
L.M. HARVEY : The member for Armadale is so opposed to mandatory penalties—how
did he vote?
Dr
A.D. Buti interjected.
The
SPEAKER : Member for Armadale, I call you to order for the first time.
Minister, a quick answer, through the Chair.
Dr
A.D. Buti interjected.
The
SPEAKER : Member for Armadale, I call you to order for the second time.
Mrs
L.M. HARVEY : We are really pleased —
Dr
A.D. Buti interjected.
The
SPEAKER : Member for Armadale, I call you to order for the third time.
Mrs
L.M. HARVEY : We are really pleased to have achieved another Liberal–National
government election commitment. We look forward to the implementation of this
law in the very near future. Potentially, this law could be operational in four
weeks. I commend the members of this house who supported this legislation for
not only what they said, but also how they voted.
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