MEMBER for Northern Tablelands Brendan Moylan last week in parliament implored Premier Chris Minns to change the laws pertaining to youth crime in New South Wales.
Under common law in New South Wales, a 13-year-old can commit numerous break-and-enter offences, be charged by the police, only to have the charges dismissed under doli incapax.
“When will the Government legislate to protect regional communities from that outdated system,” Mr Moylan said.
Mr Moylan recently gave notice in Parliament of the introduction of the Regional Youth Crime Reform Bill.
The Bill seeks to make three significant changes to address the ongoing youth crime problems in regional New South Wales, including the reversal of doli incapax – a legal principle stating children aged 10-14 are incapable of forming criminal intent – and removing a loophole in section 22 of the Bail Act so courts, including the Supreme Court, are not permitted to grant bail to serious juvenile repeat offenders.
The Bill also seeks to require courts to place greater weight on the impact on the victim when sentencing an offender.
Premier Minns said he was “looking at” the current laws and legislation.
“We have made changes and are prepared to make further changes,” Mr Minns told parliament.
“Part of it will be the judicial response; that is the truth.
“I have had a long conversation with the Attorney General and the police Minister.
“I am not prepared to speculate in Parliament (today) on those proposed changes, but we are looking at legislative change,” Mr Minns said.
The Premier said part of the change is the recruitment and retention of police officers in regional New South Wales.
“We cannot have one without the other, and any objective analysis would show that the Government has been able to arrest the slide in recruitment for New South Wales police,” Mr Minns said.
“We have a full police academy at Goulburn now, largely because we now pay for police officers to train there.
“We have removed the wages cap and as a result can keep experienced police officers for longer, particularly in regional New South Wales. We believe it will make a major change,” he said.
Mr Minns acknowledged situations un rural and regional communities like Moree, where police arrested repeat offenders “over and over again”.
“We cannot have that situation, because it is dangerous for that young person to be repeatedly sent back out into the community after committing what in many cases are violent offences.
“I will not speculate on the Government’s next step, but anyone would accept that over the past two years we have taken steps.
“When we see that there is a gap in the law, we can improve community safety, clamp down on crime and act in the best interests of young people,” Mr Minns said.
Mr Moylan encourages residents across the region to get behind a Parliamentary ePetition requesting the NSW Government to change the Young Offenders Act.
“People power will jolt the Minns Labor Government into action and take notice of what is happening in regional NSW,” Mr Moylan said.
The ePetition was presented by Member for Tamworth, Kevin Anderson, following recent spikes in crimes committed by repeat offenders.
The ePetition seeks to strengthen bail laws to prevent violent young offenders from re-offending; provide increased resources and support for police officers to effectively apprehend and prosecute offenders; and review the judicial system to prioritise community safety.
The ePetition can be viewed and signed HERE.
The ePetition requires 20,000 signatures to be scheduled for debate in Parliament and Mr Moylan is urging the community to sign the petition.
“Like everyone across regional New South Wales, I am fed up with the amount of serious crime in our towns,” Mr Moylan said.
“Communities are sick and tired of crimes allegedly being committed by repeat offenders.
“Change is needed to ensure the courts are compelled to impose tough, effective sentences on those who persistently offend.”
“If this ePetition gets 20,000 signatures, the Government will be required to debate it.
“I encourage everyone to spend five minutes adding their name to the ePetition,” Mr Moylan said.
The ePetition can be viewed and signed HERE.
