Question on sentencing for assault offences, focusing on changes introduced by the Attorney General's proposed scheme. The Attorney General's response is initially evasive and becomes somewhat combative.

AnsweredQoN 132Legislative Assembly
Asked
2 April 2008
Portfolio
Attorney General

QuestionView source ↗

ATTORNEY GENERAL — SENTENCING COMMENTS
I have a supplementary question. (1) For a simple assault under the old scheme, what was the effective maximum? (2) Under the Attorney General’s proposed new scheme, what is the maximum? (3) Is there a third difference? Mr J.A. McGINTY

AnswerView source ↗

(1)-(3) If the member for Murdoch reads the transcript of what was said on radio this morning, he will see that we were talking about grievous bodily harm assaults. Mr C.C. Porter interjected. Mr J.A. McGINTY : I am happy to answer the member’s question. The maximum sentence that is applicable under the existing legislation is 10 years — Mr C.C. Porter : Minus? Mr J.A. McGINTY : — less one-third. Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
(1) For a simple assault under the old scheme, what was the effective maximum? (2) Under the Attorney General’s proposed new scheme, what is the maximum? (3) Is there a third difference? Mr J.A. McGINTY replied: (1)-(3) If the member for Murdoch reads the transcript of what was said on radio this morning, he will see that we were talking about grievous bodily harm assaults. Mr C.C. Porter interjected. Mr J.A. McGINTY : I am happy to answer the member’s question. The maximum sentence that is applicable under the existing legislation is 10 years — Mr C.C. Porter : Minus? Mr J.A. McGINTY : — less one-third. Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
(2) Under the Attorney General’s proposed new scheme, what is the maximum? (3) Is there a third difference? Mr J.A. McGINTY replied: (1)-(3) If the member for Murdoch reads the transcript of what was said on radio this morning, he will see that we were talking about grievous bodily harm assaults. Mr C.C. Porter interjected. Mr J.A. McGINTY : I am happy to answer the member’s question. The maximum sentence that is applicable under the existing legislation is 10 years — Mr C.C. Porter : Minus? Mr J.A. McGINTY : — less one-third. Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
(3) Is there a third difference? Mr J.A. McGINTY replied: (1)-(3) If the member for Murdoch reads the transcript of what was said on radio this morning, he will see that we were talking about grievous bodily harm assaults. Mr C.C. Porter interjected. Mr J.A. McGINTY : I am happy to answer the member’s question. The maximum sentence that is applicable under the existing legislation is 10 years — Mr C.C. Porter : Minus? Mr J.A. McGINTY : — less one-third. Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr J.A. McGINTY replied: (1)-(3) If the member for Murdoch reads the transcript of what was said on radio this morning, he will see that we were talking about grievous bodily harm assaults. Mr C.C. Porter interjected. Mr J.A. McGINTY : I am happy to answer the member’s question. The maximum sentence that is applicable under the existing legislation is 10 years — Mr C.C. Porter : Minus? Mr J.A. McGINTY : — less one-third. Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
(1)-(3) If the member for Murdoch reads the transcript of what was said on radio this morning, he will see that we were talking about grievous bodily harm assaults. Mr C.C. Porter interjected. Mr J.A. McGINTY : I am happy to answer the member’s question. The maximum sentence that is applicable under the existing legislation is 10 years — Mr C.C. Porter : Minus? Mr J.A. McGINTY : — less one-third. Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr C.C. Porter interjected. Mr J.A. McGINTY : I am happy to answer the member’s question. The maximum sentence that is applicable under the existing legislation is 10 years — Mr C.C. Porter : Minus? Mr J.A. McGINTY : — less one-third. Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr J.A. McGINTY : I am happy to answer the member’s question. The maximum sentence that is applicable under the existing legislation is 10 years — Mr C.C. Porter : Minus? Mr J.A. McGINTY : — less one-third. Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr C.C. Porter : Minus? Mr J.A. McGINTY : — less one-third. Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr J.A. McGINTY : — less one-third. Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr C.C. Porter : Which is? Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr J.A. McGINTY : The member for Murdoch can do the calculations. Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr C.C. Porter : It is 6.6. I will help you; okay? Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr J.A. McGINTY : Yes. Talk about young kids playing little games! These two, the Leader of the Opposition and the member for Murdoch, are a good pair. Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr C.C. Porter : If it is 6.6, what is it under the new scheme? Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Dr S.C. Thomas interjected. The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
The SPEAKER : I call the member for Capel to order for the second time. Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.
Mr J.A. McGINTY : What I said about serious assaults involving grievous bodily harm was totally correct, unlike what the Leader of the Opposition said. I went on to explain to other media outlets today and yesterday that at the end of this month there will be a three-tier hierarchy of sentences for assaults on public officers: grievous bodily harm, which I have dealt with; bodily harm, for which the penalty will be increased substantially as a result of the removal of the one-third discount; and the removal of the one-third discount for simple assaults as well.

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