❓ A parliamentary question regarding the sentencing of individuals who assaulted WA police officers. The questioner criticises the government's legislation for not adequately protecting police, while the Minister defends the government's actions and criticises the opposition's policies.
AnsweredQoN 125Legislative Assembly
QuestionView source ↗
ASSAULTS AGAINST POLICE OFFICERS — PUNISHMENT
I refer to today’s sentencing of two thugs who attacked and seriously injured WA police officers at Meekatharra in March 2006. One assailant was sentenced to a minimum non-parole period of 15 months, and the other to a minimum non-parole period of 18.5 months. (1) Given that the sentences were applied under current law, which mandates an automatic one-third reduction in the sentence, can the minister explain why his government’s legislation does not adequately protect the serving uniformed police officers who were attacked by these men while doing their duty? (2) Will the minister now admit that increasing the maximum sentence for this offence from 10 to 14 years will have no impact when judges, restrained by his government’s laws, do not ever apply the maximum penalty in these cases? Mr J.C. KOBELKE
I refer to today’s sentencing of two thugs who attacked and seriously injured WA police officers at Meekatharra in March 2006. One assailant was sentenced to a minimum non-parole period of 15 months, and the other to a minimum non-parole period of 18.5 months. (1) Given that the sentences were applied under current law, which mandates an automatic one-third reduction in the sentence, can the minister explain why his government’s legislation does not adequately protect the serving uniformed police officers who were attacked by these men while doing their duty? (2) Will the minister now admit that increasing the maximum sentence for this offence from 10 to 14 years will have no impact when judges, restrained by his government’s laws, do not ever apply the maximum penalty in these cases? Mr J.C. KOBELKE
AnswerView source ↗
I thank the member for the question, as convoluted and as full of nonsense as it was! It is hard to answer a question from a member who has very little understanding of what he is talking about. (1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
(1) Given that the sentences were applied under current law, which mandates an automatic one-third reduction in the sentence, can the minister explain why his government’s legislation does not adequately protect the serving uniformed police officers who were attacked by these men while doing their duty? (2) Will the minister now admit that increasing the maximum sentence for this offence from 10 to 14 years will have no impact when judges, restrained by his government’s laws, do not ever apply the maximum penalty in these cases? Mr J.C. KOBELKE replied: I thank the member for the question, as convoluted and as full of nonsense as it was! It is hard to answer a question from a member who has very little understanding of what he is talking about. (1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
(2) Will the minister now admit that increasing the maximum sentence for this offence from 10 to 14 years will have no impact when judges, restrained by his government’s laws, do not ever apply the maximum penalty in these cases? Mr J.C. KOBELKE replied: I thank the member for the question, as convoluted and as full of nonsense as it was! It is hard to answer a question from a member who has very little understanding of what he is talking about. (1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
Mr J.C. KOBELKE replied: I thank the member for the question, as convoluted and as full of nonsense as it was! It is hard to answer a question from a member who has very little understanding of what he is talking about. (1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
I thank the member for the question, as convoluted and as full of nonsense as it was! It is hard to answer a question from a member who has very little understanding of what he is talking about. (1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
(1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
(1) Given that the sentences were applied under current law, which mandates an automatic one-third reduction in the sentence, can the minister explain why his government’s legislation does not adequately protect the serving uniformed police officers who were attacked by these men while doing their duty? (2) Will the minister now admit that increasing the maximum sentence for this offence from 10 to 14 years will have no impact when judges, restrained by his government’s laws, do not ever apply the maximum penalty in these cases? Mr J.C. KOBELKE replied: I thank the member for the question, as convoluted and as full of nonsense as it was! It is hard to answer a question from a member who has very little understanding of what he is talking about. (1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
(2) Will the minister now admit that increasing the maximum sentence for this offence from 10 to 14 years will have no impact when judges, restrained by his government’s laws, do not ever apply the maximum penalty in these cases? Mr J.C. KOBELKE replied: I thank the member for the question, as convoluted and as full of nonsense as it was! It is hard to answer a question from a member who has very little understanding of what he is talking about. (1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
Mr J.C. KOBELKE replied: I thank the member for the question, as convoluted and as full of nonsense as it was! It is hard to answer a question from a member who has very little understanding of what he is talking about. (1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
I thank the member for the question, as convoluted and as full of nonsense as it was! It is hard to answer a question from a member who has very little understanding of what he is talking about. (1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
(1)-(2) The situation is one of concern. Mr Peter Laylan was sentenced to two and a half years in jail for punching Constable Shane Markham and Mr Leonard Wells was sentenced to four and a half years in jail for the cowardly attack on Constable Johnston. The Liberal Party’s mandatory sentencing policy would have prescribed only one year for grievous bodily harm and nine months for bodily harm. The Liberal Party is suggesting that we put in place a minimum sentence, which could potentially encourage the courts to lower what is already a low sentence. The member who asked the question has been supporting Liberal opposition legislation that could actually result in lower penalties. These are low enough. The sentencing that took place today related to the old legislation, which we inherited. We have since put in place tougher penalties so that people convicted of offences under the new legislation will receive far more severe penalties than the penalties awarded by the court today.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.