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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2017-07-04 Daily Xml
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Ministerial Statement

Young Offenders Bill

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (14:06): I seek leave to make a ministerial statement.

Leave granted.

The Hon. J.R. RAU: Last October, Ms Nicole Tucker was tragically killed in an accident caused by a teenage boy who stole a car and drove it at high speed. His behaviour was appalling and inexcusable. In June, this teenager was sentenced to a term of imprisonment of three years, four months and one week. With an 18-month non-parole period, backdated to his arrest in October 2016, he is eligible to apply for release on parole in April 2018. This is notwithstanding his having committed a catalogue of serious offences and the fact that he was being sentenced as an adult due to the gravity of his offences.

This morning, the Director of Public Prosecutions confirmed that he will not be appealing this sentence. His decision, like that of the trial judge, is based on the current law. The problem does not lie with the judge. It does not lie with the Director of Public Prosecutions. The current law is the problem. Based on the DPP's advice, an appeal would be nothing more than a stunt. It would be an abuse of process. I share community outrage about this sentence. The law must change.

I will be giving notice of a bill today to make the necessary changes. Under this bill, when a young offender's crimes are so grave so as to warrant him being tried as an adult, he will be sentenced as an adult too. Community safety and public protection must be paramount. In this case, the judge said the youth's driving could 'simply be described as horrifying' and his crimes 'at the extreme end of seriousness'. However, currently, the Young Offenders Act requires the court to prioritise the youth's 'care, correction and guidance' when imposing sentence. This must change.

If a young offender's offences are so grave so as to warrant them being tried as an adult, then they must be sentenced as an adult. The community expects that heinous crimes committed by youths should be met by stern sentences. I acknowledge the dignity shown by Ms Tucker's family. On behalf of the government, I again offer my condolences to them for their loss.

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