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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-08-30 Daily Xml
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Criminal Sentencing

The Hon. J.S. LEE (Deputy Leader of the Opposition) (14:43): I seek leave to make a brief explanation before directing questions to the Attorney-General about road penalties.

Leave granted.

The Hon. J.S. LEE: On 11 October 2021, two drivers were caught street racing along Anzac Highway at speeds exceeding 100 km/h. The Advertiser reported that both avoided jail. Many community members have expressed serious concerns on such sentencing decisions. My questions to the minister are:

1. What measures are in place to ensure that such sentencing decisions truly reflect the seriousness of the offence and the potential risk it poses to public safety?

2. Given that this incident could have easily resulted in tragic consequences, does the government believe that a $500 fine, good behaviour bonds and driving disqualifications are sufficient deterrents for potential street racers?

3. Does the government have plans to review or reform current sentencing guidelines to ensure that they adequately address the severity and potential harm of street racing?

4. Are there plans to engage with communities, particularly in areas like Mitchell Park and Seacombe Heights, to raise awareness about the risks and legal consequences of street racing?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:45): I thank the honourable member for her questions. In relation to this particular matter, I do not have the details of it. I will give a very brief answer, as I did with a question about sentencing from the Hon. Dennis Hood yesterday. It is us as a parliament who set the framework that the judiciary, the magistrates and the judges then apply when a prosecution is laid and a prosecution is successful in the sentencing.

As I say, I don't have the benefit, as the honourable member doesn't either, of having heard all the evidence that was put forward and all the circumstances in this area. What does give us confidence, going to one of the honourable member's questions, is that regularly the police and the DPP lodge appeals for manifestly inadequate sentences based on a sentence that is handed down given the particular set of facts in that sentence.

In relation to people driving at extreme speeds, that is something that we as a parliament have taken exceptionally seriously. Only in the last couple of years, we passed legislation in this parliament significantly increasing the penalties for travelling at extreme speeds. People remember there was a motorcyclist—I cannot remember the exact amount going over the speed limit—I think somewhere near the Salisbury Highway who the police commissioner at the time, a couple of years ago, likened to someone firing a gun in Rundle Mall. That is the level of danger that such stupidity on the roads poses to others, so we have as a parliament significantly increased penalties for things like extreme speeds.

We saw only earlier this year reforms passed after the tragic death of Sophia Naismith. This parliament, once again reflecting what the community's views are, changed the legislation in relation to the prosecutions of people driving a car in a manner that can cause serious harm. This government and this parliament have taken these matters very seriously in the past and will continue to do so, but, as the honourable member doesn't, I don't have the benefit of the exact details of all the matters that were put to the court in the particular case that she refers to.

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