Sentencing Discounts

The Hon. B.R. HOOD (15:18): I seek leave to make a brief explanation before asking a question of the Attorney-General regarding sentencing discounts.

Leave granted.

The Hon. B.R. HOOD:The Advertiser reported last week that Matthew Richard Gardiner, who was arrested in October 2023 by the state's Joint Anti Child Exploitation Team, could be eligible for a 25 per cent reduction on his prison term for entering an early guilty plea. The former CFS volunteer has been described by police as an extreme risk to the community and accused of being an impulsive, almost uncontrollable, sex predator. He now faces 70 charges, including procuring a child for sexual activity and communicating to make a child amenable to sex. It is alleged that Mr Gardiner was talking to over 200 people for sexual purposes, including many teenage girls aged between 12 and 16. My questions to the Attorney-General are:

1. Does the Attorney-General think it is appropriate for Matthew Richard Gardiner to receive a sentencing discount for pleading guilty to serious child sex offending charges?

2. If not, does the Attorney believe that early plea sentencing discounts for child sex predators should be reconsidered?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:19): I thank the honourable member for his question. I can't remember the exact details, but it was I think only last year that this parliament made changes to not just the sentences but sentencing discounts for child sex offenders, particularly, as the honourable member talks about, child exploitation material. I will remind myself of and get those details for the honourable member.

More generally though, it is not an easy topic but sentencing discounts are an important part of our criminal justice system. In some areas they encourage people to plead guilty and plead guilty early. That does a number of things. Firstly, the cost and expense of putting the state to proof and having a criminal trial may not be needed.

Secondly, often in areas where there are physical victims, it can mean that a physical victim doesn't have to be retraumatized by going through an often long, complicated, lengthy and damaging trial process. There is an important balance to be found, though, in sentencing discounts between the legitimate expectations of the community, particularly for pretty horrendous offences, and that desire to encourage an early guilty plea, particularly where it can traumatise a victim.

I am happy to go away and get details. I just can't remember the exact nature of the reforms that we have made, but I will get them and bring back all the details. I will bring them back for the honourable member.