Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
That the Criminal Code and Other Legislation (Mason Jett Lee)
The motion was defeated.
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Ayes (41)
Noes (45)
Vote on a motion
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 (50)
Noes (37)
Vote on a motion
This division was on a disallowance motion to reject regulations changing the Lady Cilento Children's Hospital name, not on the Criminal Code bills. The LNP, PHON and independents voted to disallow; ALP and KAP voted against. Motion defeated 47-39.
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)
▸15 members spoke8 support6 oppose1 mixed
Opposed the private member's bill, arguing its mandatory sentencing provisions would create injustices by capturing low-end criminal negligence cases with the same mandatory 15-year sentence as violent killers.
“Imposing a mandatory minimum sentence of 15 years imprisonment will see an increase in the number of trials, which means witnesses having to endure the ordeal of giving evidence together with the possibility of a not guilty verdict.”— 2019-04-30View Hansard
Moved the private member's bill proposing mandatory minimum sentences of 25 years for child murder and 15 years for a new child homicide offence, arguing Labor's bill alone will not deliver justice for victims' families.
“This is this parliament's opportunity to do the right thing, to stand up and seize this moment to send a clear message—that child killers in Queensland must finally receive the tough punishments they truly deserve.”— 2019-04-30View Hansard
As committee chair, reported that the committee recommended the private member's bill not be passed due to concerns about mandatory sentencing.
“The committee reported to the Legislative Assembly, recommending that the bill be not passed.”— 2019-04-30View Hansard
Strongly supported the private member's bill, arguing mandatory sentencing is necessary because courts are bound by low precedents and Queensland cannot wait decades 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
Opposed the private member's bill due to strong reservations about mandatory sentencing, citing concerns it removes judicial discretion and was not supported by QSAC recommendations.
“I do have strong reservations about this approach. I feel that, whilst sending messages of deterrence is a component of setting appropriate penalties and sentences for offences, it should not be a determining one.”— 2019-04-30View Hansard
Strongly supported the Mason Jett Lee bill, arguing only the LNP's bill will ensure appropriate penalties are applied to those who take the life of a child.
“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 private member's bill, recommending it not be passed.
“I commend the bill to the House and I recommend that the Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019 not be passed.”— 2019-04-30View Hansard
Acknowledged the opposition bill is designed to be tougher but expressed concerns about mandatory sentencing removing judicial discretion.
“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 private member's bill, warning its sentencing proposals risk unintended consequences where people involved in tragic accidents could spend 15 years in jail.
“Their sentencing proposals risk the unintended consequences that I have spoken of. It risks people, who are guilty of being inadvertently involved in a tragic accident, spending 15 years in jail.”— 2019-04-30View Hansard
Strongly supported the shadow Attorney-General's bill, arguing it provides an iron-clad guarantee of longer incarceration through mandatory minimum non-parole periods.
“The bill that the shadow Attorney-General has brought in guarantees that a person convicted of child murder will spend a minimum of 25 years in prison.”— 2019-04-30View Hansard
Strongly supported mandatory sentencing for child homicide offences, arguing the need for appropriate sentences far outweighs concerns about judicial discretion.
“For me, the need for appropriate sentences in relation to the worst offending far outweighs any such issues.”— 2019-04-30View Hansard
Strongly supported the Mason Jett Lee bill, arguing mandatory minimums are necessary when the system is clearly not meeting community expectations.
“When we in this House start using terms such as 'mandatory minimums', it is because we have come to a point where the system is clearly not meeting the expectations of the community.”— 2019-04-30View Hansard
Supported the private member's bill, arguing strong laws should reflect community expectations around sentencing for child killers.
“I reflect that we do consider, as the LNP's private member's bill does, that strong laws should reflect community expectations, particularly around sentencing.”— 2019-04-30View Hansard
Opposed the private member's bill due to concerns about mandatory sentencing removing judicial discretion and not deterring 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 mandatory sentencing to guarantee that child killers receive sentences equal to the horror of their actions.
“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
Plain English Summary
Overview
This bill sought to introduce mandatory minimum prison sentences for the murder of children and create a new offence of 'child homicide'. Named after Mason Jett Lee, a child who was killed, it aimed to align Queensland's sentencing with other Australian states. The bill was defeated at the second reading and did not become law.
Who it affects
The bill was intended to affect anyone who kills a child, requiring them to serve longer minimum prison terms. It would also have affected the courts by removing some judicial discretion in sentencing.
Key changes
- Proposed mandatory minimum 25-year non-parole period for murder of a child under 18
- Created new offence of 'child homicide' for unlawful killings involving violence, sexual abuse, or breach of duty of care, with mandatory life imprisonment and 15-year minimum
- Extended duty of care provisions from children under 16 to children under 18
- Added child homicide as a serious offence across multiple Acts including weapons, transport licensing, and working with children screening
- This bill was defeated at second reading and did not become law