Legislative Council: Wednesday, October 31, 2012

Contents

SENTENCING

The Hon. D.G.E. HOOD (14:40): I seek leave to make a brief explanation before asking the minister representing the Attorney-General a question concerning the rate at which the courts enforce sentencing of imprisonment where a breach of bond has occurred.

Leave granted.

The Hon. D.G.E. HOOD: During the six months of April to September (inclusive) of this year, I conducted a survey of cases before the Supreme and District courts where it was alleged that an offender previously given a suspended sentence of imprisonment had breached the bond and an application was therefore made for the prison sentence to be served. Of 81 such cases, the sentence of imprisonment was required to be served in just 27 cases, that is, one-third. The other 54 offenders were released with yet another warning and the terms of suspension were then not enforced, in many cases. My questions are:

1. Does the government accept that it is inappropriate for courts to use a suspended sentence as a final warning to offenders but then not enforce the terms of the suspension in two-thirds of the cases where the bond is actually breached?

2. Is the government considering any steps to ensure that it is only in exceptional circumstances where a bond is actually breached that a further suspended sentence may be issued?

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (14:41): I thank the honourable member for his important questions and will refer them to the Attorney-General in another place and bring back a response.