SA border breachers: Most offenders who breached COVID directions let off without harsh penalty
Despite new laws being introduced in July that give power to courts to send border breachers to jail most offenders are getting released without fines and suspended jail time. SEE THE LIST.
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More than 20 people have been accused of breaching South Australia’s strict border lockdown rules since new laws were introduced to jail offenders, but so far many have avoided serving a prison sentence.
An investigation by The Advertiser has tracked every breach of failing to comply with a direction in accordance with the Emergency Management Act in SA.
It found police have arrested 31 people suspected of entering SA illegally since July 2.
Twenty-one of the cases related to incidents after July 21, when tougher laws came into force.
The State Government’s new laws allow courts to sentence offenders to a maximum two years in jail.
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Before July 21, the harshest penalty SA courts could enforce was a $20,000 fine.
Only two people have been sentenced to serve a prison term so far, while six others have received a suspended jail term. About 10 cases are still before the courts.
Those sentenced to jail included a Renmark woman who was arrested for not complying with her quarantine rules on three different occasions.
She also failed to undergo COVID-19 testing. She was sentenced to seven days in custody.
Victorian man Luke John Parsons, 39, was also sentenced to 12 days in prison after police found he crossed the border on foot near Mount Gambier.
Other people found to have crossed the border illegally have received up to a four-week suspended sentence or been fined up to $3600.
Some people have been released without conviction after the courts placed them on good behaviour bonds.
Opposition Leader Peter Malinauskas said: “The community expects the courts to impose those tougher penalties when sentencing those that breach quarantine rules.
“These restrictions are in place for a reason and they must be strictly enforced to ensure the type of outbreak being seen in Victoria doesn’t happen here in South Australia.”
Attorney-General Vickie Chapman said individual sentences was a matter for the courts to decide.
“It is common knowledge that the executive arm of government set the rules, while the judiciary judge on how these rules are upheld, and there is a very good reason for this constitutional divide – it underpins our democracy,” Ms Chapman said.
Police Association president Mark Carroll said officers manning the Victorian border were committed to ensuring the success of the operation. “Our feedback indicates that whether or not members of the public agree with the restrictions, the vast majority are showing support and understanding for the job our members are doing,” Mr Carroll said.
Acting Chief Magistrate Brett Dixon said he could not comment on individual cases. “I have every confidence that individual magistrates will deal with these matters appropriately, taking into account all relevant considerations,” he said.
Police Commissioner Grant Stevens declined to comment.
