Legislative Council: Thursday, June 01, 2017

Contents

Drug-Related Sentencing

The Hon. D.G.E. HOOD (14:43): I seek leave to make a brief explanation before asking the Minister for Police a question relating to a stabbing incident at Paradise Interchange.

Leave granted.

The Hon. D.G.E. HOOD: Last year, a man under the influence of drugs, it is claimed, stabbed another person, unprovoked, at the north-eastern bus interchange. The victim suffered a collapsed lung in addition to the stab wound and the cut inflicted by the perpetrator. The victim was not known to the perpetrator; he was simply sitting there, minding his own business. He was approached by this individual and stabbed without any conversation at all, as I understand it.

In sentencing, after applying a 30 per cent reduction, the court imposed a head sentence of just 2½ years and a non-parole period of 17 months. The perpetrator will actually take longer to heal than the offender will spend in gaol. My questions to the minister are:

1. Is the government satisfied with the outcome of the sentence handed down just last week?

2 Will the government appeal the imposed sentence on the ground that it is manifestly inadequate?

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:44): I thank the honourable member for his important question. I think, firstly, it is probably worthwhile pointing out that issues around sentencing and the appeals processes around sentencing within the courts are principally matters for the Director of Public Prosecutions, which of course falls under the jurisdiction of the Attorney-General.

What I can say generally, though, is that of course this government is alarmed at any stabbing incident, or any violent incident for that matter, that results in serious injury, as clearly was the case in this particular instance. I know that SAPOL works incredibly hard to ensure that where such travesties and tragedies do occur, those responsible are quickly apprehended and held to account. Of course, I applaud the efforts of those men and women in uniform who have sought to hold to account and bring justice to the individual who committed this terrible crime.

I am more than happy to take on notice the component of the Hon. Mr Hood's question that speaks to the government's position regarding the appeal. What I can say, though, is that the decision around appealing manifestly inadequate sentences is a decision that principally resides with the DPP. I am sure that is something they will be considering in due course, but nevertheless I am more than happy to take that component of the question on notice for the Attorney-General in the other place.