Attorney-General John Rau SC says penalty given to Nicole Tucker’s teenage hoon killer shows sentencing laws are inadequate
THE penalty imposed on the repeat teen hoon who killed mother of two Nicole Tucker highlights the inadequacies of criminal sentencing laws, the Attorney-General says.
- Killer teen hoon could be free in just 10 months
- Family’s grief: ‘You should have died, not our Nicole’
- Killer hoon driver, 15, faces being sentenced as an adult
- Tributes: Nicole Tucker a ‘loving, selfless mother’
THE penalty imposed on the repeat teen hoon who killed mother of two Nicole Tucker highlights the inadequacies of criminal sentencing laws, the Attorney-General says.
THE penalty imposed on the repeat teen hoon who killed mother of two Nicole Tucker highlights the inadequacies of criminal sentencing laws, the Attorney-General says.
On Friday, Attorney-General John Rau SC said he understood and shared the community’s concern following Thursday’s controversial District Court sentencing.
The boy, 16, is eligible to seek release on parole in April next year, despite having committed two separate offences that each attract a maximum penalty of life imprisonment.
Mr Rau said he had referred the matter to Director of Public Prosecutions Adam Kimber SC with a view to a possible appeal.
“This is a matter that concerns me, it’s a matter that obviously concerns most thinking members of the community,” he said.
“I can understand the community’s outrage, and obviously everyone feels deep sympathy for the family (of Mrs Tucker).
“It does throw up the question of whether or not the law in areas like this is adequate and I have, for some time, held the view that the sentencing laws are not adequate.”
Nicole Tucker, 48, was killed in a fiery crash by a teenage hoon with a long history of offending. Picture: Supplied by Mrs Tucker’s family.
The boy, 16, pleaded guilty to a series of offences including aggravated causing death by dangerous driving, and faced a maximum sentence of life imprisonment.
Although she sentenced the boy as an adult, Judge Joanne Tracey was still constrained by the requirements of the Young Offenders Act.
Under that legislation, sentencing judges must prioritise the “care, correction and guidance” of a youth over and above other considerations, including punishment.
Judge Tracey jailed the youth for more than three years but, with his non-parole period backdated, he will be eligible to seek release on parole in April next year.
The sentence devastated Mrs Tucker’s family — who on Friday attended the funeral of her mother, who they say “lost the will to live” after the fatal crash.
Her brother, Kent Thiele, said the family “were hoping for some justice” but “there will never be real justice for us”.
They will meet with prosecutors, who have 21 days to file an appeal, next week.
Nicole Tucker’sh usband Brett Tucker (left) and brother Kent Thiele leave court after sentencing. Picture: Greg Higgs
On Friday, Mr Rau said his sentencing reform Bill would be debated in the Legislative Council next week and he would “like to see it pass” to prevent similar incidents in future.
He said the Bill, which proposes a drastic overhaul of the legislation, had been delayed by debate over another reform Bill “with which it had been paired”.
“Unfortunately, that (Bill) won’t make a difference in this particular case,” he said.
“But in cases where we have individuals who have longstanding criminal behaviour behind them and they are a risk to the public, they are the type of people that I’m trying to elevate up the list of considerations in sentencing.”
He said any appeal would be a matter for Mr Kimber, and would be decided on whether a challenge could be successful under the current law.
“People need to understand the DPP is a person who is acting on the basis of the law and not public outrage, however understandable that outrage might be,” he said.
“He’s going to give careful consideration to this matter.”
Home invaders steal, then crash, Mercedes
A luxury Mercedes sedan has been stolen by a man and woman during a violent home invasion at Kurralta Park.
It’s official: Notorious child predator to stay locked up
A notorious serial kidnapper and child predator has finally had his bid for release into the community denied after a two-year legal and political battle.