❓ The Minister for Police updates the house on the government's commitment to mandatory sentencing for repeat home invasion offenders, outlining proposed minimum terms and amendments to existing laws. The response sparks interjections and debate from opposition members.
AnsweredQoN 602Legislative Assembly
QuestionView source ↗
MANDATORY SENTENCING — ELECTION COMMITMENT
602. MR N.W. MORTON to the
Minister for Police:
Can the minister update the house on the progress of the
state government's election commitment for mandatory sentencing for
home invasions by repeat offenders?
602. MR N.W. MORTON to the
Minister for Police:
Can the minister update the house on the progress of the
state government's election commitment for mandatory sentencing for
home invasions by repeat offenders?
AnswerView source ↗
I thank the member for Forrestfield for this question.
This was a really important commitment by the Liberal–National
government in the lead-up to the state election and it was made for very good
reasons. Before I outline the commitment and the time frame, I would like to
update the house and remind everyone about why people on this side of the house
believe that this legislation is important. The member for Forrestfield might
be interested to know that, despite aggravated burglary having a maximum
penalty of 20 years' imprisonment, the average term of imprisonment for
all aggravated burglaries is only 20 months. By way of example and to look at
the horror of this crime, an offender with a lengthy criminal record broke into
a house after disconnecting the victim's phone. He entered the bedroom
of the victim and sexually assaulted her while her four-year-old daughter was
sleeping beside her. That offender was sentenced to only seven years and six
months in jail; indeed, only six years of that sentence related to the sexual
assault. That sentence is completely out of step with community expectations of
justice for the victims of crime. That is why this government believes that it
needs to be fixed and that is why it is our intention to bring this legislation
to the house by the end of the year.
As part of our commitment, an adult offender who commits a
serious offence —
Ms M.M. Quirk interjected.
The SPEAKER :
Member for Girrawheen, I call you to order for the first time.
Mrs L.M. HARVEY :
As part of our commitment, an adult offender who commits a serious offence of a
physical or violent sexual assault in the course of a home invasion will
receive under our legislation a mandated minimum term that will be 75 per cent
of the maximum term for that offence. We are looking at three years'
detention for juveniles of 16 years and older.
Ms M.M. Quirk interjected.
Mrs L.M. HARVEY :
Will the member for Girrawheen support it when it comes in?
Several members interjected.
The SPEAKER :
Members!
Mr B.S. Wyatt interjected.
The SPEAKER :
Member for Victoria Park, I call you to order for the first time. Minister, can
you just return to the answer and address the question.
Mrs L.M. HARVEY :
Under our legislation, an offender who breaks into a house and violently rapes
someone will face a mandated minimum term of 15 years in jail. An offender who
breaks into a house and causes serious harm will face a mandated minimum term
of seven years and six months.
Ms M.M. Quirk interjected.
Mrs L.M. HARVEY :
Members opposite need to work out whether they will support this.
Mr B.S. Wyatt :
Support what?
Mrs L.M. HARVEY :
Support our legislation when it comes through.
Several members interjected.
The SPEAKER :
Members!
Mrs L.M. HARVEY :
An offender who breaks into a house and indecently assaults somebody will face
a maximum term of three years and nine months.
Mr B.S. Wyatt : A
maximum?
Mrs L.M. HARVEY : A
mandated minimum of three years and nine months.
Several members interjected.
The
SPEAKER : Members!
Mrs
L.M. HARVEY : Maybe the member for Midland should make up her mind about
whether she will support it.
Several members interjected.
The
SPEAKER : Member for Victoria Park, I call you to order for the second time.
Member for Midland, I call you to order for the first time. Minister, continue.
Mrs
L.M. HARVEY : It is our intention also to amend the existing three-strikes
laws to target serial offenders of home burglary. The existing mandatory
penalty of 12 months for a third-strike offender will be increased to two
years, which is double the mandatory minimum term for an aggravated burglary
committed by a third-strike offender. A third-strike offender will be an adult
offender who commits three burglaries over three separate dates. For juveniles,
the Young Offenders Act 1994 will need some amendment. There are some
limitations with the three-strikes legislation.
Mrs M.H. Roberts interjected.
Mrs L.M. HARVEY :
The member for Midland got out of the blocks really quickly and then could not
make up her mind on whether she supported it.
Several members interjected.
The SPEAKER :
Members!
Point of Order
Mrs
M.H. ROBERTS : This minister is wasting a lot of time on a dorothy
dix question. We have already had the Minister for Health waste 10 minutes on
not answering a question. I put it to you, Mr Speaker, that question time is
being abused by the government.
Several members interjected.
The
SPEAKER : Members! Member for Wanneroo, I call you to order for the
first time. I have asked for the house to listen to points of order in silence.
We have now been going for 15 minutes and we have answered two and a half
questions. I would appreciate concise questions and concise answers. Thank you,
minister.
Questions without Notice Resumed
Mrs L.M. HARVEY :
Thank you, Mr Speaker. I will endeavour to wind up my response shortly.
Several members interjected.
Mrs
L.M. HARVEY : What is being highlighted by those opposite, and I put to the
house that part of the reason —
Ms
M.M. Quirk : Do your job, minister, and just sit down.
The SPEAKER :
Member for Girrawheen!
Mrs L.M. HARVEY : I
put to the house that part of the reason that there is so much confusion on
that side of the house is that the member for Butler says that he does not
support mandatory sentencing —
Dr A.D. Buti interjected.
The
SPEAKER : Member for Armadale, I call you to order for the first time.
Minister, can you wind this up, please.
Mrs
L.M. HARVEY : I think it would be great if perhaps one of the members
opposite could stand and clarify for the house whether they will support my
legislation when I bring it through.
Several members interjected.
The
SPEAKER : Member for Armadale, I call you to order for the second time.
Member for Girrawheen, I call you to order for the second time.
Mrs
L.M. HARVEY : In closing, I believe that the Leader of the Opposition has
said that he will support our legislation. That is what I am interested to
hear, because members have frequently refused to indicate whether they will
support this legislation when I bring it to this place.
Several members interjected.
The
SPEAKER : Members!
Mrs L.M. HARVEY :
It is the government's intention to bring it to this house by the end
of the year.
This was a really important commitment by the Liberal–National
government in the lead-up to the state election and it was made for very good
reasons. Before I outline the commitment and the time frame, I would like to
update the house and remind everyone about why people on this side of the house
believe that this legislation is important. The member for Forrestfield might
be interested to know that, despite aggravated burglary having a maximum
penalty of 20 years' imprisonment, the average term of imprisonment for
all aggravated burglaries is only 20 months. By way of example and to look at
the horror of this crime, an offender with a lengthy criminal record broke into
a house after disconnecting the victim's phone. He entered the bedroom
of the victim and sexually assaulted her while her four-year-old daughter was
sleeping beside her. That offender was sentenced to only seven years and six
months in jail; indeed, only six years of that sentence related to the sexual
assault. That sentence is completely out of step with community expectations of
justice for the victims of crime. That is why this government believes that it
needs to be fixed and that is why it is our intention to bring this legislation
to the house by the end of the year.
As part of our commitment, an adult offender who commits a
serious offence —
Ms M.M. Quirk interjected.
The SPEAKER :
Member for Girrawheen, I call you to order for the first time.
Mrs L.M. HARVEY :
As part of our commitment, an adult offender who commits a serious offence of a
physical or violent sexual assault in the course of a home invasion will
receive under our legislation a mandated minimum term that will be 75 per cent
of the maximum term for that offence. We are looking at three years'
detention for juveniles of 16 years and older.
Ms M.M. Quirk interjected.
Mrs L.M. HARVEY :
Will the member for Girrawheen support it when it comes in?
Several members interjected.
The SPEAKER :
Members!
Mr B.S. Wyatt interjected.
The SPEAKER :
Member for Victoria Park, I call you to order for the first time. Minister, can
you just return to the answer and address the question.
Mrs L.M. HARVEY :
Under our legislation, an offender who breaks into a house and violently rapes
someone will face a mandated minimum term of 15 years in jail. An offender who
breaks into a house and causes serious harm will face a mandated minimum term
of seven years and six months.
Ms M.M. Quirk interjected.
Mrs L.M. HARVEY :
Members opposite need to work out whether they will support this.
Mr B.S. Wyatt :
Support what?
Mrs L.M. HARVEY :
Support our legislation when it comes through.
Several members interjected.
The SPEAKER :
Members!
Mrs L.M. HARVEY :
An offender who breaks into a house and indecently assaults somebody will face
a maximum term of three years and nine months.
Mr B.S. Wyatt : A
maximum?
Mrs L.M. HARVEY : A
mandated minimum of three years and nine months.
Several members interjected.
The
SPEAKER : Members!
Mrs
L.M. HARVEY : Maybe the member for Midland should make up her mind about
whether she will support it.
Several members interjected.
The
SPEAKER : Member for Victoria Park, I call you to order for the second time.
Member for Midland, I call you to order for the first time. Minister, continue.
Mrs
L.M. HARVEY : It is our intention also to amend the existing three-strikes
laws to target serial offenders of home burglary. The existing mandatory
penalty of 12 months for a third-strike offender will be increased to two
years, which is double the mandatory minimum term for an aggravated burglary
committed by a third-strike offender. A third-strike offender will be an adult
offender who commits three burglaries over three separate dates. For juveniles,
the Young Offenders Act 1994 will need some amendment. There are some
limitations with the three-strikes legislation.
Mrs M.H. Roberts interjected.
Mrs L.M. HARVEY :
The member for Midland got out of the blocks really quickly and then could not
make up her mind on whether she supported it.
Several members interjected.
The SPEAKER :
Members!
Point of Order
Mrs
M.H. ROBERTS : This minister is wasting a lot of time on a dorothy
dix question. We have already had the Minister for Health waste 10 minutes on
not answering a question. I put it to you, Mr Speaker, that question time is
being abused by the government.
Several members interjected.
The
SPEAKER : Members! Member for Wanneroo, I call you to order for the
first time. I have asked for the house to listen to points of order in silence.
We have now been going for 15 minutes and we have answered two and a half
questions. I would appreciate concise questions and concise answers. Thank you,
minister.
Questions without Notice Resumed
Mrs L.M. HARVEY :
Thank you, Mr Speaker. I will endeavour to wind up my response shortly.
Several members interjected.
Mrs
L.M. HARVEY : What is being highlighted by those opposite, and I put to the
house that part of the reason —
Ms
M.M. Quirk : Do your job, minister, and just sit down.
The SPEAKER :
Member for Girrawheen!
Mrs L.M. HARVEY : I
put to the house that part of the reason that there is so much confusion on
that side of the house is that the member for Butler says that he does not
support mandatory sentencing —
Dr A.D. Buti interjected.
The
SPEAKER : Member for Armadale, I call you to order for the first time.
Minister, can you wind this up, please.
Mrs
L.M. HARVEY : I think it would be great if perhaps one of the members
opposite could stand and clarify for the house whether they will support my
legislation when I bring it through.
Several members interjected.
The
SPEAKER : Member for Armadale, I call you to order for the second time.
Member for Girrawheen, I call you to order for the second time.
Mrs
L.M. HARVEY : In closing, I believe that the Leader of the Opposition has
said that he will support our legislation. That is what I am interested to
hear, because members have frequently refused to indicate whether they will
support this legislation when I bring it to this place.
Several members interjected.
The
SPEAKER : Members!
Mrs L.M. HARVEY :
It is the government's intention to bring it to this house by the end
of the year.
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