<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="4.0" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML">
  <name>Legislative Council</name>
  <date date="2023-02-07T14:15:00+10:30" />
  <sessionName>Fifty-Fifth Parliament, First Session (55-1)</sessionName>
  <parliamentNum>55</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="1817" />
  <endPage num="1878" />
  <dateModified time="2023-07-06T09:43:52+09:30" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Violent Offender Sentencing</name>
      <text id="20230207bef6b431ffbd49c3a0000243">
        <heading>Violent Offender Sentencing</heading>
      </text>
      <talker role="member" id="3126" referenceid="5c423631416444aeb0c7e273b130ee55" kind="question">
        <name>The Hon. D.G.E. HOOD</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2023-02-07T03:45:00+10:30">
            <name>Violent Offender Sentencing</name>
          </question>
        </questions>
        <startTime time="2023-02-07T15:16:41+10:30" />
        <text id="20230207bef6b431ffbd49c3a0000244">
          <timeStamp time="2023-02-07T15:16:41+10:30" />
          <by role="member" id="3126" referenceid="5c423631416444aeb0c7e273b130ee55">The Hon. D.G.E. HOOD (15:16):</by>  It is very good to be here, I assure you. Thank you. I seek leave to make a brief explanation before asking a question of the Attorney-General regarding sentencing in our courts.</text>
        <text id="20230207bef6b431ffbd49c3a0000245">Leave granted.</text>
      </talker>
      <talker role="member" id="3126" referenceid="5c423631416444aeb0c7e273b130ee55" kind="question" continued="true">
        <name>The Hon. D.G.E. HOOD</name>
        <house>Legislative Council</house>
        <text id="20230207bef6b431ffbd49c3a0000246">
          <by role="member" id="3126" referenceid="5c423631416444aeb0c7e273b130ee55">The Hon. D.G.E. HOOD:</by>  On 7 September 2001, Mr Raymond Page—who was under the influence of drugs and alcohol—inflicted an unprovoked attack on an elderly man, a grandfather, Mr Francesco Candido, which led to Mr Candido's death around a fortnight later. Mr Page, a repeat offender with an extremely violent and extensive history, pleaded guilty to the charge of manslaughter and was yesterday sentenced to jail for six years, nine months and two weeks, with a non-parole period of five years, five months and six days.</text>
        <text id="20230207bef6b431ffbd49c3a0000247">Given the sentence was backdated to the time of the offence, Mr Page is expected to be released in about four years' time. In reference to Mr Page's penalty, Mr Candido's son has stated publicly that it constituted, in his own words, 'no justice at all'. My question to the Attorney-General is:</text>
        <text id="20230207bef6b431ffbd49c3a0000248">1.&amp;#x9;What powers does the Attorney-General have to inquire of and intervene now that a sentence has been handed down by the courts?</text>
        <text id="20230207bef6b431ffbd49c3a0000249">2.&amp;#x9;Is the Attorney-General satisfied that justice has been done in this extraordinary case?</text>
        <text id="20230207bef6b431ffbd49c3a0000250">3.&amp;#x9;Will the Attorney-General undertake an urgent review into sentencing guidelines for violent repeat offenders who instigate fatal and unprovoked attacks on our citizens?</text>
      </talker>
      <talker role="member" id="4697" referenceid="c1607c57d2294390bdc2b07c15f35010" kind="answer">
        <name>The Hon. K.J. MAHER</name>
        <house>Legislative Council</house>
        <portfolios>
          <portfolio id="">
            <name>Minister for Aboriginal Affairs</name>
          </portfolio>
          <portfolio id="">
            <name>Attorney-General</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Industrial Relations and Public Sector</name>
          </portfolio>
        </portfolios>
        <startTime time="2023-02-07T15:18:02+10:30" />
        <text id="20230207bef6b431ffbd49c3a0000251">
          <timeStamp time="2023-02-07T15:18:02+10:30" />
          <by role="member" id="4697" referenceid="c1607c57d2294390bdc2b07c15f35010">The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:18):</by>  I thank the honourable member for his question and would like to join you in saying how good it is to have his smiling face back in this chamber. In relation to the matter that the honourable member raises, I don't have a briefing on the particular sentencing outcome that he refers to.</text>
        <text id="20230207bef6b431ffbd49c3a0000252">I have every confidence that, when sentences are handed down, the officers from the DPP look at those sentences and if there is an error of law in the verdict or something inadequate in the terms of the sentence that is handed down, it is not uncommon for the DPP to take an appeal on that sentence. I am sure that if it falls well outside the range that would usually be contemplated for such an offence they will do that here.</text>
        <page num="1828" />
        <text id="20230207bef6b431ffbd49c3a0000253">The courts impose sentences taking into account a wide range of factors under the Sentencing Act. A lot of the factors that the courts take into account and the envelope of sentencing is set down by us as a parliament. I will ask for some advice in relation to this particular matter but, as I say, I have every confidence that, if there has been an error in the sentence that has been applied and the ranges that are usually applied for these sorts of crimes, the DPP will have a look at it.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>