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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-09-22 Daily Xml
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Bills

Criminal Law Consolidation (Human Remains) Amendment Bill

Introduction and First Reading

The Hon. K.J. MAHER (Leader of the Opposition) (16:22): Obtained leave and introduced a bill for an act to amend the Criminal Law Consolidation Act 1935. Read a first time.

Second Reading

The Hon. K.J. MAHER (Leader of the Opposition) (16:23): I move:

That this bill be now read a second time.

Currently, there is no specific law that prohibits a person from concealing, interfering with, mutilating or for a failure to report a corpse. Such behaviour may possibly constitute impeding an investigation under the Criminal Law Consolidation Act, but this would not always be the case. Disposing of a body can provide a significant forensic advantage to an offender, potentially depriving investigators and the prosecution of autopsy evidence due to decomposition or contamination. This could make criminal prosecutions more difficult and could lead to lesser charges being laid.

In the absence of a cause of death being forensically established, an offender could be charged with manslaughter rather than murder, or even claim the cause of death was by accident or suicide. For example, Geoffrey Adams was responsible for the death of his wife on Yorke Peninsula in 1973, but her remains were not discovered until 2018. With the significant passage of time, he was convicted of manslaughter rather than the possibility of being charged with and convicted of murder.

Since 2000 there have been some 28 instances where a body has been disposed of. The bill that has been introduced today creates three new offences. The first relates to the destruction, concealment or alteration of human remains for the purposes of concealing an offence or to influence legal proceedings. Under this bill that new offence will carry a maximum penalty of 10 years in prison, which is the same maximum penalty as for impeding an investigation under the Criminal Law Consolidation Act 1935.

The second new offence relates to defiling human remains, regardless of the purpose. Defiling may include the destruction or mutilation of remains along with the removal of body parts or sexual activity. This will carry a maximum penalty of five years in prison. The third new offence relates to the failure to report human remains unless the person reasonably believes that it has already been reported or is covered under other legislation—for example, for the Coroner or Aboriginal heritage. This offence will carry a maximum penalty of two years in prison.

The bill also includes provisions for courts to deliver an alternative verdict where a particular intent cannot be proven beyond reasonable doubt. Law enforcement and victims of crime have called for tougher laws to deal with people who cover up crimes that cause death or who do not show respect for the dead. It is a sad situation that these laws are needed, but we owe it to victims and their loved ones to show them due respect and to ensure those who do commit crimes face justice for their actions.

I want to note the support these laws have from victim support groups; for example, Lynette Nitschke of the Homicide Victim Support Group I know has been a long advocate for such laws to be in place. I note that yesterday, when notice was given to introduce this bill, marked the 30th anniversary of the death of Lynette's daughter, Allison, who was murdered, which led to Lynette becoming an advocate and a supporter for these sorts of laws and also led to the establishment of the Homicide Victim Support Group, which has provided so much help to victims of these sorts of crimes.

When a killer tries to conceal the body of their victim, it can add to the suffering of families, and this is unacceptable. Our changes mean that an offender could face a significant term of imprisonment for concealing a body in addition to any other charges. I have outlined one case, but there are many other cases where we have seen this happen in South Australia. These laws aim to give the police and prosecutors more tools to use against offenders who kill people and cover up their deaths. I commend this bill to the chamber.

Debate adjourned on motion of Hon. D.G.E. Hood.

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