Tough new penalties for murder

30/3/03
Major changes to murder sentencing laws aimed at keeping killers in jail longer will go to State Parliament this week.
Attorney General Jim McGinty said Western Australia's rigid sentencing laws had led to some of the State's most brutal killers receiving lighter sentences than they deserved and they needed to change.
The new laws will:

• ensure judges are no longer forced to set lower sentences for shocking crimes because they are ruled to be 'murder' rather than 'wilful murder';

• increase the minimum possible time a person convicted of murder must spend in jail from seven to 10 years; and

• remove the requirement on judges to publicly 'grade' the severity of a murder, which has been horribly distressing to family and friends of murder victims.

Mr McGinty said he shared community concern over the sentences imposed on some vicious killers such as Kelly Renae Fuller, Dragan Jacovic and Norman Frederick Hart.
All three received minimum jail terms of 14 years or less after juries found they were guilty of 'murder' rather than 'wilful murder'.

• Fuller brutally murdered her innocent 15-year-old victim by stabbing her 47 times, targeting her because she was going out with Fuller's former boyfriend.

• Jacovic bludgeoned his wife to death with a sledgehammer, first smashing her legs so she could not escape and later dumping her body.

• Hart went armed with two large knives to a small party being attended by his estranged wife and plunged a 19cm knife into her back in front of her friend.

At present, if a jury decides a crime is 'murder' rather than 'wilful murder', the judge must set a minimum non-parole period of between 7-14 years. It is not possible to impose a higher minimum unless the killer is convicted of 'wilful murder' (15-30 years).
Under the new system, Mr McGinty said judges would be able to set minimum terms of 10-30 years for any murder.
Juries would no longer have to categorise 'murder' or 'wilful murder' and judges would no longer have their hands tied by that decision.
Mr McGinty said rigid sentencing rules and the difficulties jurors experienced deciding between 'murder' and 'wilful murder' had tied judges' hands in some horrific killings, preventing them from imposing harsher sentences.
He said prosecutors had been shocked by some jury verdicts, and in one case, a judge was even moved to say that a killer was 'fortunate' not to have been found guilty of wilful murder. The changes are strongly supported by the judiciary.
The Attorney General said increasing the minimum possible time a murderer must spend in jail from seven to 10 years was another long-overdue change.
"I don't believe seven years can ever be an adequate penalty for murder," he said.
Mr McGinty said all murderers would continue to receive a mandatory 'life' sentence. The change relates only to the formula for setting minimum terms - the earliest date at which they can be considered for parole.
Judges would also still be able to order that a killer never be released.
Attorney General's office: 9220 5000