❓ The Attorney General updates the house on the Leonardus Tjandra case, noting the Director of Public Prosecutions' appeal against the sentence and praising her expeditious handling of the matter.
AnsweredQoN 846Legislative Assembly
QuestionView source ↗
LEONARDUS TJANDRA — LEACH HIGHWAY CRASH —
FATALITY
846. Mr S.A. MILLMAN to the Attorney General:
Before I ask my question, on behalf of the hardworking and
studious member for Belmont, can I welcome into the Speaker's gallery
the student leaders from Belmay Primary School and their teacher, Mr
Gerstorfer, and Nicole from the school's P&C.
Can the Attorney General update the house on the case
relating to the tragic death of Leonardus Tjandra, who, sadly, died in December
last year after his family's car was hit by a driver in a stolen
vehicle?
FATALITY
846. Mr S.A. MILLMAN to the Attorney General:
Before I ask my question, on behalf of the hardworking and
studious member for Belmont, can I welcome into the Speaker's gallery
the student leaders from Belmay Primary School and their teacher, Mr
Gerstorfer, and Nicole from the school's P&C.
Can the Attorney General update the house on the case
relating to the tragic death of Leonardus Tjandra, who, sadly, died in December
last year after his family's car was hit by a driver in a stolen
vehicle?
AnswerView source ↗
I thank the member for Mount Lawley for his question. I can
update the house on the case against Molloy. In doing so, I must be very
careful because today, 26 September 2019, the Director of Public Prosecutions
filed her notice of appeal in the Court of Appeal, which notice I have with me.
I want to praise the Director of Public Prosecutions and her appeals team for
it was on only 18 September that it was reported in The West Australian .
She had 21 days within which to appeal. Knowing the public interest in this matter,
the director saw this as a priority and has already filed the appeal. Members
would remember that Labor passed ''Charlotte's Law'' last
year, doubling the penalty for dangerous driving causing death when there are
aggravating circumstances from 10 years to 20 years. I will quickly read the
grounds of appeal. The sentencing judge erred in law by imposing a sentence in
relation to the count of dangerous driving
causing death in circumstances of aggravation that was so inadequate as to
manifest error , having regard to the maximum penalty for the offence—that
is Labor's 20 years; the serious nature of the offence and the
circumstances in which it was committed; and the need for the sentence to
adequately reflect general and personal deterrence. The driver had been out of
jail for only a month. The other grounds include appropriate punishment for
offending of this nature; the personal circumstances of the respondent; and the
requirement that the sentence be consistent with the standards of sentencing
customarily observed for offending of this nature.
I do not want to go any further because the matter is
currently before the Court of Appeal, but I do want the chamber to note the
very expeditious and professional manner in which the Director of Public
Prosecutions, Miss Amanda Forrester, SC, and her staff have attended to this
matter. I am sure that all members of this house will have confidence that the director will prosecute this appeal both
professionally and aggressively in the public interest.
update the house on the case against Molloy. In doing so, I must be very
careful because today, 26 September 2019, the Director of Public Prosecutions
filed her notice of appeal in the Court of Appeal, which notice I have with me.
I want to praise the Director of Public Prosecutions and her appeals team for
it was on only 18 September that it was reported in The West Australian .
She had 21 days within which to appeal. Knowing the public interest in this matter,
the director saw this as a priority and has already filed the appeal. Members
would remember that Labor passed ''Charlotte's Law'' last
year, doubling the penalty for dangerous driving causing death when there are
aggravating circumstances from 10 years to 20 years. I will quickly read the
grounds of appeal. The sentencing judge erred in law by imposing a sentence in
relation to the count of dangerous driving
causing death in circumstances of aggravation that was so inadequate as to
manifest error , having regard to the maximum penalty for the offence—that
is Labor's 20 years; the serious nature of the offence and the
circumstances in which it was committed; and the need for the sentence to
adequately reflect general and personal deterrence. The driver had been out of
jail for only a month. The other grounds include appropriate punishment for
offending of this nature; the personal circumstances of the respondent; and the
requirement that the sentence be consistent with the standards of sentencing
customarily observed for offending of this nature.
I do not want to go any further because the matter is
currently before the Court of Appeal, but I do want the chamber to note the
very expeditious and professional manner in which the Director of Public
Prosecutions, Miss Amanda Forrester, SC, and her staff have attended to this
matter. I am sure that all members of this house will have confidence that the director will prosecute this appeal both
professionally and aggressively in the public interest.
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