Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019
Plain English Summary
Overview
This bill sought to introduce mandatory minimum prison sentences for the murder of children and create a new criminal offence of 'child homicide'. Named after Mason Jett Lee, a toddler who was killed, it aimed to ensure sentencing for child deaths reflects community expectations and aligns with other Australian jurisdictions. The bill was defeated at the second reading and did not become law.
Who it affects
The bill was primarily intended to affect anyone who kills a child, requiring them to serve longer mandatory minimum prison terms. It would also have extended the criminal duty of care from children under 16 to children under 18, and reduced judicial discretion in sentencing for these offences.
Key changes
- Proposed a mandatory minimum 25-year non-parole period for the murder of a child under 18
- Created a new offence of 'child homicide' for unlawful killings involving violence, sexual abuse, or breach of duty of care, carrying mandatory life imprisonment with a 15-year minimum non-parole period
- Extended the criminal duty of care for persons caring for a child from under 16 years to under 18 years
- Preserved existing defences of provocation, diminished responsibility, and killing for preservation in an abusive domestic relationship for the new offence
- This bill was defeated at the second reading and did not become law
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee13 Feb 2019View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined this private member's bill introduced by David Janetzki MP, which proposed mandatory minimum non-parole periods for the murder of a child (25 years) and a new offence of child homicide (15 years). The committee received 14 submissions and held public hearings, with the overwhelming weight of stakeholder evidence opposing the mandatory sentencing provisions. The committee recommended the bill not be passed.
Key findings (5)
- The Queensland Law Society, Bar Association of Queensland, Crime and Corruption Commission, Aboriginal and Torres Strait Islander Legal Service, PeakCare, PACT, and others all opposed the mandatory sentencing provisions in the bill.
- Stakeholders argued that mandatory sentencing removes judicial discretion, can produce unjust outcomes in individual cases, and has not been shown to deter offending in other jurisdictions.
- The Bar Association highlighted that the broad scope of the child homicide offence could capture cases involving negligence rather than deliberate violence, citing a case where a parent who left a child unattended in a bath would have faced a 15-year mandatory minimum.
- Several stakeholders raised concerns about the bill's potential disproportionate impact on vulnerable groups including Indigenous people, those with mental illness, and young offenders.
- The bill's explanatory notes claimed general consistency with fundamental legislative principles but did not detail or justify the inconsistencies arising from the removal of judicial discretion.
Recommendations (1)
- The committee recommends the Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019 not be passed.
Committee report tabled
▸Second Reading30 Apr 2019View Hansard
That the Criminal Code and Other Legislation (Mason Jett Lee)
Vote on whether to pass the LNP's private member's bill at second reading, which proposed mandatory minimum sentences of 25 years for child murder and 15 years for a new child homicide offence. The bill was defeated 41-45, with ALP and Greens voting against.
The motion was defeated.
▸Show individual votesHide individual votes
Ayes (41)
Noes (45)
Vote on a motion
Vote on an LNP disallowance motion to reject regulations that changed the Lady Cilento Children's Hospital name to the Queensland Children's Hospital. The motion was defeated 47-42, with ALP and KAP voting against the disallowance and LNP, PHON and independents voting in favour.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (47)
Noes (42)
▸32 members spoke24 support8 oppose
Argued the LNP's Mason Jett Lee laws would introduce Australia's toughest punishments for child killers, including mandatory minimum 15 years for child manslaughter and 25 years for child murder.
“The LNP's laws guarantee no more soft sentences for child killers. Our justice system has failed poor Mason and the LNP's laws fix up that system.”— 2019-05-01View Hansard
Opposed the LNP private member's bill, arguing its mandatory sentencing provisions would cause injustices in low-end criminal negligence cases and increase trials, re-traumatising witnesses with the risk of acquittals.
“We cannot bring those two together and say that all of those people should get 15 years.”— 2019-04-30View Hansard
Argued the LNP's bill would provide the toughest sentences in Australia for child killers and called on the government to adopt both bills.
“Unlike Labor, the LNP can guarantee that a person convicted of child murder will spend a minimum of 25 years in prison.”— 2019-05-01View Hansard
Introduced and championed the Mason Jett Lee bill proposing a mandatory minimum non-parole period of 25 years for child murder and a new child homicide offence with a mandatory 15-year minimum sentence.
“Today all parliamentarians in this House have the chance to rectify shortcomings in our current legal framework.”— 2019-04-30View Hansard
As committee chair, recommended the Mason Jett Lee bill not be passed, citing concerns about naming legislation after a specific victim and the Queensland Law Society's view that community education was more appropriate.
“I recommend that the Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019 not be passed.”— 2019-04-30View Hansard
Supported the LNP bill but noted concerns from submitters about mandatory minimum sentencing potentially capturing less culpable offenders.
“Both bills are a commendable start in providing an increased deterrent to the callous murder of our most vulnerable who rely on us to keep them safe.”— 2019-05-01View Hansard
Strongly supported the Mason Jett Lee bill, arguing mandatory sentencing is necessary because courts are bound by low precedents and Queensland does not have decades to wait for change.
“I believe that mandatory sentencing is necessary because the courts are bound to low sentences and Queensland does not have decades to wait for precedents to change.”— 2019-04-30View Hansard
Supported the LNP bill, arguing it would guarantee harsher sentences for child killers and fill the gaps left by the government's bill.
“What is the value of a child's life?”— 2019-05-01View Hansard
Opposed the Mason Jett Lee bill's mandatory sentencing approach, arguing it takes away judicial discretion and increases contested trials, re-traumatising families.
“Mandatory sentences also increase the number of contested trials. An offender facing a mandatory sentence has nothing to lose. They will throw the dice, string out a court matter and drag surviving family members through months and months of re-traumatisation.”— 2019-04-30View Hansard
Supported the LNP bill, arguing that without it there is no guarantee sentences for child killers will increase.
“Without the Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill there is no guarantee that sentences for child killers convicted of murder or manslaughter will increase.”— 2019-05-01View Hansard
Strongly supported the Mason Jett Lee bill as a necessary complement to the government's bill, arguing only mandatory minimum sentences can guarantee appropriate penalties for child killers.
“If this legislation is passed alongside the LNP private member's bill, however, its shortcomings can be bridged. Only the LNP's bill will ensure appropriate penalties are applied to those who take the life of a child.”— 2019-04-30View Hansard
Opposed the LNP bill, arguing mandatory sentencing would result in injustice by treating all child homicide cases identically regardless of circumstances.
“Under the LNP, a parent who forgot to secure the child fence resulting in the unfortunate drowning of their child would be sentenced to a mandatory 15 years.”— 2019-05-01View Hansard
As patron of Act for Mason, strongly supported the LNP's Mason Jett Lee laws and criticised the government's record on child safety.
“Government members should hang their heads in shame if they vote against our Mason Jett Lee laws.”— 2019-05-01View Hansard
Supported the Mason Jett Lee bill as tougher and more definitive than the government bill, noting the new child homicide offence would fit below murder and above manslaughter.
“The opposition bill, the Mason Jett Lee bill, is designed to be tougher and more definitive than the government bill.”— 2019-04-30View Hansard
Opposed the LNP's private member's bill, sharing concerns of the Queensland Law Society about mandatory sentencing provisions going against QSAC recommendations.
“I do not support the Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019, which is a private member's bill.”— 2019-05-01View Hansard
As Deputy Leader of the Opposition, strongly supported the Mason Jett Lee bill's mandatory minimum sentences, arguing laws must reflect community standards and expectations.
“I cannot imagine how frustrated I would be as a parent who lost a child or a grandparent who lost a grandchild through some murderous act to see some sort of plea bargaining arrangement take place and the offender getting a sentence that is manifestly inadequate.”— 2019-04-30View Hansard
Supported the LNP bill for introducing mandatory minimum 25 years for child murder and a new child homicide offence with 15-year minimum.
“The Liberal National Party believes in this instance it is far better to amend legislation that takes us from an outcome that may lead to increased sentences for child killers to one that will lead to increased sentences.”— 2019-05-01View Hansard
Supported the Mason Jett Lee bill's mandatory sentencing for child homicide, citing a Tasmanian jury study showing 66% of jurors thought violent offence sentences were too weak.
“Given the failure of the judiciary to sentence in line with community expectation, I feel that it is appropriate to impose mandatory sentences in such instances.”— 2019-04-30View Hansard
Drew on his personal experience as a detective investigating the Corby Akehurst case to argue that the LNP's child homicide laws would fill the gap between murder and manslaughter sentences.
“Monsters who kill innocent, defenceless young kids should serve at least 15 years behind bars.”— 2019-05-01View Hansard
Strongly supported the LNP bill's mandatory minimums, drawing on 30 years as a police officer to argue that increasing maximums does not work and only minimums can guarantee adequate sentencing.
“Clearly, increasing maximum sentences does not work. They just become part of the sentencing auction and, over time, we are in the same place as today. Minimums are the only way to go.”— 2019-04-30View Hansard
Supported the LNP bill, citing his experience with the child safety department and the case of Mason Jett Lee whose family resided in his electorate.
“Unlike Labor, the LNP can guarantee that a person convicted of child manslaughter will spend a minimum of 15 years in prison.”— 2019-05-01View Hansard
Supported the Mason Jett Lee bill's mandatory minimum sentences, listing specific Queensland cases where child killers received sentences of around nine years, arguing current penalties are inadequate.
“Unlike those opposite, we can guarantee that a person convicted of child murder will spend a minimum of 25 years in prison.”— 2019-04-30View Hansard
Strongly supported the LNP's bill as far superior to the government's bill, calling for mandatory sentencing. Acknowledged the presence of Hemi Goodwin-Burke's family from his electorate.
“It is my view that that bill is far superior to the government's bill. It provides for 15 years imprisonment for the manslaughter of a child and 25 years for the murder of a child.”— 2019-05-01View Hansard
Opposed the Mason Jett Lee bill's mandatory sentencing, arguing it removes judicial discretion, disproportionately affects Aboriginal and Torres Strait Islander people, and does not deter offenders.
“I do not support mandatory sentencing. It means that courts cannot treat like cases alike and different cases differently.”— 2019-04-30View Hansard
Supported the LNP bill, arguing it would create a new child homicide offence ensuring minimum 15 years for child manslaughter.
“We cannot wait for decades of precedents to change. We need change now and we need to send a clear message from this parliament.”— 2019-05-01View Hansard
Strongly supported mandatory sentencing for child killers, arguing the government bill alone risks continued plea bargaining and inadequate sentences.
“The LNP bill would guarantee, through mandatory sentencing, that child killers will receive a sentence equal to the horror of their actions.”— 2019-04-30View Hansard
Opposed the LNP bill on the basis that mandatory sentencing does not work and the bill was finalised before QSAC made its findings.
“The Greens do not support expanding mandatory sentencing, because the evidence and the advice from legal experts tells us that it does not work and it means that the sentence will almost never fit the crime.”— 2019-05-01View Hansard
Supported the LNP bill for introducing mandatory minimum sentences for child killers and argued that the government's aggravating factor approach would not meaningfully change sentencing outcomes.
“The LNP's proposed legislation would guarantee that a person convicted of child murder will spend a minimum of 25 years in prison. Labor's bill cannot.”— 2019-05-01View Hansard
Supported the LNP bill, arguing mandatory minimum sentences are needed to protect vulnerable children and keep dangerous offenders behind bars.
“Those who are evil enough to kill a child should be behind bars. They should not be walking the streets.”— 2019-05-01View Hansard
Supported the LNP bill, commending the shadow Attorney-General's work and arguing mandatory sentencing is necessary because courts are bound by low sentences.
“Unlike Labor, the LNP can guarantee that a person convicted of child manslaughter will spend a minimum of 15 years in prison. This is double the average of what offenders currently get.”— 2019-05-01View Hansard
In reply, defended the LNP's mandatory sentencing approach, pointing out Queensland already has mandatory life sentences for murder. Criticised Labor for inconsistency given the Bligh government's own proposals for standard non-parole periods.
“The Mason Jett Lee bill strikes at the heart of the child killer problem. There is no tricky legal fix and no technicalities—just straightforward lawmaking.”— 2019-05-01View Hansard
Opposed the LNP bill, arguing the child homicide offence was not designed to work with the government's bill, would capture low-level negligence cases with mandatory 15-year sentences, and could lead juries to choose the lesser child homicide offence over murder.
“We oppose the LNP's bill, not because it is the LNP's bill but because we do not think they have the provisions right.”— 2019-05-01View Hansard
▸In Detail1 May 2019View Hansard
Vote on a motion
Vote on a Labour Day motion moved by the Minister for Education celebrating the labour movement's achievements and the Palaszczuk government's workers' rights initiatives. Unrelated to the Criminal Code bills.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.