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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-27 Daily Xml
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Voluntary Intoxication Laws

The Hon. B.R. HOOD (15:28): I seek leave to make a brief explanation before asking a question of the Attorney-General regarding voluntary intoxication laws.

Leave granted.

The Hon. B.R. HOOD: Synamin Bell was found dead in her home in Millicent on 12 March 2022. Crown prosecutors allege that, while under the influence of drugs, Cody Edwards, her boyfriend at the time, repeatedly struck Ms Bell over the head with a metal weapon. Her injuries were much too graphic to describe here. The court heard that Mr Edwards stabbed Ms Bell five times in the back after she had died.

Despite the heinous nature of the offences, some time during the trial the murder charges were dropped and Mr Edwards was rearraigned and charged with manslaughter, to which he pleaded guilty. Ms Bell's family believes Mr Edwards is evading accountability and justice, relying on the defence of voluntary intoxication. My questions to the Attorney-General are:

1. Is the Attorney-General at all concerned that a defence of voluntary intoxication could be used by domestic violence perpetrators to receive reduced sentences?

2. Has the Attorney-General considered whether these laws could be strengthened to ensure justice for victims of domestic violence?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:30): I thank the honourable member for his question. I won't comment on a particular matter that is still before the courts; I believe sentencing is due to occur in the coming weeks. More generally, it is an area we are considering at the moment and looking particularly at what happens in other jurisdictions, the interaction between self-intoxication and various defence provisions.

I thank the honourable member for raising it. The matter is yet to be sentenced, so I will not comment on that particular matter, but certainly it is an area we have started looking at.

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