Criminal Code and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill strengthens Queensland's criminal law response to child homicide, following a Sentencing Advisory Council inquiry that found community expectations were not being met. It requires courts to treat a child's vulnerability as an aggravating factor in manslaughter sentencing, expands the definition of murder to include reckless indifference to human life, and increases the maximum penalty for failing to supply necessaries to dependants from 3 to 7 years.
Who it affects
Parents, carers and others responsible for children face stronger penalties for child homicide and neglect. The expanded murder definition applies to all homicide cases across Queensland, meaning more offenders may be convicted of murder rather than manslaughter.
Key changes
- Courts must treat a child's defencelessness and vulnerability as an aggravating factor when sentencing for manslaughter of a child under 12
- Murder definition expanded to include causing death with reckless indifference to human life, aligning Queensland with NSW, the ACT and Tasmania
- Maximum penalty for failure to supply necessaries more than doubled from 3 to 7 years imprisonment
- Failure to supply necessaries added to the serious violent offences schedule, restricting parole eligibility
- Victims of neglect offences gain protected witness status, preventing direct cross-examination by self-represented accused
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Feb 2019View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the bill over two months, receiving 14 submissions and holding a public hearing with seven stakeholder groups. The committee recommended the bill be passed, noting it implements the Queensland Sentencing Advisory Council's recommendation on child homicide sentencing. Stakeholders were divided, with child protection organisations supporting the reforms while the Bar Association of Queensland, Queensland Law Society, and others raised serious concerns about expanding the definition of murder to include reckless indifference and the interaction with mandatory life sentencing. LNP committee members filed a statement of reservation, supporting the bill only if passed in conjunction with a related Private Member's Bill.
Key findings (5)
- The bill implements Recommendation 1 of the Queensland Sentencing Advisory Council's review into sentencing for criminal offences arising from the death of a child
- Child protection groups broadly supported the reforms, while the Bar Association of Queensland, Queensland Law Society, and Queensland Council for Civil Liberties raised concerns about expanding the murder definition and mandatory sentencing consequences
- The Bar Association argued that expanding murder to include reckless indifference would capture lower-culpability conduct and impose disproportionate mandatory life sentences
- The Queensland Law Society and Women's Legal Service Queensland recommended the expanded murder definition be referred to the Queensland Law Reform Commission for further review
- The committee found the bill's amendments were justified with regard to fundamental legislative principles, including rights and liberties of individuals
Recommendations (1)
- The committee recommends the Criminal Code and Other Legislation Amendment Bill 2019 be passed.
Committee report tabled
▸Second Reading1 May 2019View Hansard
▸38 members spoke36 support2 mixed
Supported the government bill but argued it should only be passed in conjunction with the LNP's Mason Jett Lee bill. Argued Labor's reckless indifference approach has not worked in New South Wales.
“The LNP supports the government's bill and the aim to strengthen sentencing practices around child homicide. We ask the Attorney-General to consider and support the LNP's bill in return.”— 2019-05-01View Hansard
As Attorney-General, introduced the government bill implementing QSAC recommendations to expand the definition of murder to include reckless indifference to human life, introduce a new aggravating factor for child manslaughter, and increase the penalty for failure to supply necessaries.
“The decision to include recklessness as to death in the definition of murder reflects this government's view that a person who acts callously knowing that death is probable is just as blameworthy as the person who intends to kill another person.”— 2019-04-30View Hansard
Supported the government bill as a start but argued it does not go far enough, citing his experience as a former detective and police officer.
“I call on those opposite to adopt both bills and put Queensland children above their politics. Child victims and their devastated families deserve that.”— 2019-05-01View Hansard
Confirmed the LNP would support the government's bill while acknowledging concerns that reckless indifference, as seen in NSW case law, will not always result in murder convictions due to plea bargaining.
“Once again, I confirm that the opposition, despite its reservations, will be supporting the government's bill.”— 2019-04-30View Hansard
Supported the government bill, highlighting the Palaszczuk government's record on child safety reforms and the Queensland Sentencing Advisory Council's evidence-based recommendations.
“The Palaszczuk government wants justice to be done, justice for the victims and justice for those left behind, their families and friends.”— 2019-05-01View Hansard
As committee chair, recommended the government bill be passed, outlining the QSAC report's findings and the evidence-based rationale for the new aggravating factor.
“I recommend that the Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019 not be passed and that the Criminal Code and Other Legislation Amendment Bill 2019, which is the government bill, be passed.”— 2019-04-30View Hansard
Supported both bills as a commendable start in providing increased deterrent to the murder of vulnerable children, while noting concerns raised by submitters about unintended consequences.
“It is imperative that those who show reckless and lethal indifference to a child's welfare or wilfully murder receive tougher and longer prison sentences that meet community expectations and keep Queenslanders safer.”— 2019-05-01View Hansard
Supported the government's bill as a step in the right direction but argued it does not go far enough, urging the House to pass both bills.
“I say that the government's bill is a step in the right direction but it does not go far enough, so I urge the House to pass both bills.”— 2019-04-30View Hansard
Supported the government bill but argued it should be passed in conjunction with the Mason Jett Lee bill to guarantee increased sentences for child killers.
“We want to guarantee—and I add that the community expects nothing less—that sentencing for child killers convicted of murder or manslaughter increase.”— 2019-05-01View Hansard
Supported the government bill's evidence-based approach, drawing on the QSAC report to argue the new aggravating factor provides appropriate judicial guidance without prescribing outcomes.
“What is important to note is that this amendment provides a direction for a judge to make specific considerations for vulnerable victims in sentencing but it does not prescribe. It does not tie a sentencing judge's hands.”— 2019-04-30View Hansard
Supported the government bill but argued it should only be passed in conjunction with the LNP's bill, noting the bills complement each other.
“Both bills are worthy of consideration by the House. Indeed, it could be argued that the bills complement each other.”— 2019-05-01View Hansard
Supported the government's bill but argued it falls short of community expectations, noting its expanded definition of murder is no sure way to guarantee murder convictions.
“Whilst generally supported by personal stakeholders who completed submissions to this bill, these objectives did raise some concerns with and were questioned by a number of legal professional bodies.”— 2019-04-30View Hansard
Supported the government bill, arguing it delivers tougher penalties through reckless indifference while retaining sentencing flexibility for diverse circumstances.
“It is not justice if a child's killer escapes a murder conviction because their intention is too difficult to prove in court.”— 2019-05-01View Hansard
Supported the government bill as implementing QSAC's evidence-based recommendations, drawing on her experience as a teacher and school leader witnessing the impact of child abuse.
“Under this legislation, killers whose callous disregard for their victims leads to their death will, if convicted, face life in jail.”— 2019-04-30View Hansard
Supported the government bill but described it as a cheap imitation that fails to guarantee harsher penalties, calling it too little too late.
“This new law by Labor is a cheap imitation. This new law fails to guarantee harsher penalties for child killers in Queensland.”— 2019-05-01View Hansard
Supported the government bill's reforms including treating child victim vulnerability as an aggravating factor, but argued the government should also implement all royal commission recommendations.
“Courts regularly give people lighter jail sentences for child manslaughter than they give to people convicted of adult manslaughter.”— 2019-04-30View Hansard
As a former lawyer with 30 years experience in criminal law, supported the government bill for redefining murder to include reckless indifference and increasing penalties for failure to supply necessaries.
“The council found that our legal system was not working when it came to child manslaughter sentences.”— 2019-05-01View Hansard
As Minister for Police and Corrective Services, supported the government bill as an evidence-based evolution of the law, warning the opposition's proposals risk unintended consequences.
“A person who deliberately or recklessly causes the death of a child is a murderer and should be treated as such. That is what these new laws will do.”— 2019-04-30View Hansard
Supported the government bill as well-intentioned but argued it falls short, offering only the possibility of increased sentencing compared to the LNP's iron-clad guarantee.
“The difference is that with the government's laws there is a possibility that there could be increased sentencing whereas with the shadow Attorney-General's laws there is absolutely an iron-clad guarantee that people will be incarcerated for longer periods of time.”— 2019-04-30View Hansard
Supported the government bill in the spirit of bridging community expectations but argued it needed to be complemented by the LNP's additional provisions.
“We in the LNP will support these changes, but we do not believe they go far enough.”— 2019-05-01View Hansard
Supported the government bill, paying tribute to the Goodwin-Burke family's tireless advocacy following the death of Hemi, and acknowledging the bill resulted from families' lobbying.
“They know that their baby boy's life was worth more than the sentence handed down.”— 2019-04-30View Hansard
Supported the government bill for increasing penalties to reflect the nature of crimes against children, noting bipartisan support was important on this issue.
“Any life is precious and anyone taking a life, whether it is an adult or a child, should be treated in the same manner by our legal system.”— 2019-05-01View Hansard
Supported the government bill but called on the government to also support the LNP proposal, arguing sentencing for violent offences against children does not reflect community expectations.
“I, like many Queenslanders, feel so desperately sad that we as a community failed an innocent boy when we had an obligation to protect him.”— 2019-04-30View Hansard
Supported the government bill, sharing personal experience of family loss and arguing the new aggravating factor would ensure higher sentences for child manslaughter.
“Child killers in Queensland must receive the tough punishments they truly deserve.”— 2019-05-01View Hansard
As a former detective, supported the bill's intent but expressed real concerns that reckless indifference would not achieve its objectives based on New South Wales experience and his own casework. Argued it was 'legal trickery' and a 'lawyers picnic'.
“I agree with others here that tweaking the definition is legal trickery. It will result in a lawyers picnic but have no real impact on appropriately punishing the most serious offenders in our community.”— 2019-05-01View Hansard
Supported the government's bill as a start but argued it does not go nearly far enough and does not address the system's failures in sentencing child killers.
“We would not be in the House today debating legislation to increase sentences if the system was working. Clearly it is not.”— 2019-04-30View Hansard
Supported the government bill but argued reckless indifference had not achieved desired outcomes in New South Wales and called for the LNP's additional measures.
“As the member for Ninderry has outlined, whilst these are positive steps there are some concerns about the ability to have reckless indifference achieve the outcome the government is seeking.”— 2019-05-01View Hansard
Supported the government bill's reforms but argued they do not adequately meet community expectations without the LNP's complementary proposals.
“It is clear through the work of the Queensland Sentencing Advisory Council that current penalties for causing the death of a child do not meet community expectations nor properly reflect the nature of these crimes.”— 2019-04-30View Hansard
As Minister for Child Safety, supported the government bill's evidence-based approach, acknowledging her department made significant changes after the Mason Jett Lee case.
“The Attorney-General and Minister for Justice did not head down the path of vigilantism and hysteria in response to this. She responded to those concerns quite properly by asking the Queensland Sentencing Advisory Council.”— 2019-04-30View Hansard
Supported the government bill and opposed the LNP's mandatory sentencing approach, arguing it would create injustice and act as a disincentive for guilty pleas.
“Mandatory sentencing does not deter offenders. Mandatory sentencing acts as a disincentive for people to plead guilty, meaning that witnesses and victims' families have to face the uncertainty and delays of a trial.”— 2019-05-01View Hansard
Supported the government bill and called on the government to also support the LNP's tougher proposals, citing the case of Tyrell Cobb from his electorate.
“Do we value children's lives so little that we are willing for this to be the case?”— 2019-05-01View Hansard
Supported the government bill as a good start but argued it is not robust enough on its own, welcoming the expansion of murder to include reckless indifference.
“If someone takes their life intentionally, they should face mandatory sentencing.”— 2019-04-30View Hansard
Supported the new aggravating factor for child manslaughter (QSAC recommendation) but opposed expanding the definition of murder to include reckless indifference and increasing penalties for failure to supply necessaries, calling these an unjustified expansion of mandatory sentencing.
“The difference between Labor's bill and the LNP's bill is that Labor expands mandatory sentencing by stealth and the LNP's bill does so explicitly.”— 2019-05-01View Hansard
Supported the government bill but raised significant concerns that reckless indifference would not guarantee murder convictions, as seen in New South Wales.
“The expansion of the definition of murder cannot guarantee the result of a conviction for child murder or the intentional negligent killing of a child.”— 2019-05-01View Hansard
Supported the government bill but argued it does not go far enough, noting reckless indifference has not resulted in different sentencing outcomes in New South Wales.
“We recognise in this parliament that legislation to date has failed our most vulnerable children who have suffered the most horrendous abuse resulting in their death.”— 2019-05-01View Hansard
Supported the government bill, noting it implements QSAC's recommendation and would bring Queensland law into line with New South Wales, the ACT and Tasmania.
“We all hope that it will assist in protecting some of our most vulnerable Queenslanders, our children, who are ultimately our future.”— 2019-05-01View Hansard
Supported the government bill but argued the LNP's legislation provides stronger guarantees for appropriate sentencing of child killers.
“We in the LNP know that Labor does not have the stomach to do what is necessary to deliver justice for Queensland children.”— 2019-05-01View Hansard
In reply as Attorney-General, defended the government's evidence-based approach incorporating reckless indifference, citing numerous successful murder convictions in New South Wales since 2000.
“We are bringing in reckless indifference to life because we want to see convictions.”— 2019-05-01View Hansard