Tough new measures to crack down on violent criminals

11/3/94

The Court Government will introduce a range of tough new measures as part of a crackdown on those who commit crimes of violence.

Attorney General Cheryl Edwardes said the Government would take action immediately to:

·       create a new offence of serious aggravated assault;

·       increase penalties for wilful murder and murder and abolish the 10 per cent remission rule; and -

·       undertake a review of penalties for crimes against the person.

"In taking these steps, the Government is delivering a clear message - we will not tolerate acts of violence in the community and will ensure that people who step outside the law are appropriately punished," Mrs Edwardes said.

"The penalty will fit the crime."

The Attorney General said the new criminal offence of serious aggravated assault would reflect community outrage at recent attacks on police officers. 

"The offence of serious aggravated assault will expressly apply to assaults committed on public officers - such as police officers, bus and train drivers," she said.

"The offence will carry a maximum penalty of 10 years' imprisonment and a summary conviction penalty of three years' imprisonment or a fine of $12,000."

Section 318 of the Criminal Code currently creates the offence of serious assault and provides for a maximum penalty of five years.

"Attacks on public officers carrying out their duties will not be tolerated and the amendment creating the offence of serious aggravated assault will be a legislative priority," Mrs Edwardes said.

"In addition to the amendment to the Criminal Code, the Government will also be introducing the Sentencing Act in the Autumn session.

"Under this Act, a person found guilty of wilful murder will face up to 30 years' imprisonment before being considered for release. 

"The capacity of the courts to impose indefinite holding sentences will be maintained - and in the case of murder, a sentence of not less than 15 years' imprisonment will be imposed.

"The current practice of a 10 per cent remission for all sentences imposed by the court will also be abolished." 

Mrs Edwardes said the Government's commitment to ensuring that 'the penalty fit the crime' would be met by an immediate review of penalties in Western Australia for crimes against the person compared with crimes against property. 

"Many of the maximum penalties set by statutes were developed centuries ago and have no rational basis or relevance to modern views on the seriousness of crime and the penalties that should be imposed," she said.

"Similarly, because penalties have been developed at different times, the punishment available for similar offences often differs. 

"This inconsistency often results in confusion and frustration for the victims of serious crime and the community.

"The aims of the review - to be carried out by eminent barrister Paul Nichols - will be to provide a consistent pattern of penalties for serious violent crimes including sexual assault, domestic violence, child abuse and the activities of paedophiles, while also providing a comparison of penalties for crimes against the person and those for crimes against property.

"Penalties for crime have two main purposes - to act as punishment and also as a deterrent.  It is therefore important that our laws, especially for violent crimes, are monitored and, where appropriate, altered to ensure that they are effective." 

Media contact:  Casey Cahill 222 9595