Court delay fears ahead of new SA home detention jail laws
COURT cases are being delayed as criminals bid for a jail term at home after new sentencing guidelines come into force from today.
COURT cases are being delayed as criminals bid for a jail term at home after new sentencing guidelines come into force from today.
A “number of convicted” people have asked judges to adjourn sentencing amid judicial predictions of a “rush” of defence bids to capitalise on the new justice regimen, it was claimed.
The details emerged yesterday during a District Court case of a taxi driver convicted of causing the death of a man and injuring three others, including his fiancee, in an Adelaide Hills road smash in October 2012.
While campaigners argue any court delays can exacerbate crime victims’ anguish, lawyers and the State Government say a focused “community-based rehabilitation” will reduce repeat offending and increase community safety.
Under the reforms, which become law today, SA courts have the option of ordering “low risk” offenders to serve any term of imprisonment through home detention rather than jail.
Yesterday, the District Court was asked to delay the sentencing of Bo Xi Li, 30, who was convicted by a jury of killing van driver, Trevor Bird, 68, while his fiancee, Timea Dixon, was seriously injured. She detailed her ongoing grief yesterday in an emotional victim impact statement.
Li was driving at 104km/h in an 80km/h zone when his blue Mitsubishi Lancer crossed onto the wrong side of North East Rd, at Houghton, and hit Mr Bird’s van.
As Bill Boucaut SC, defending, successfully asked for a Corrections Department report that will review Li’s home, Judge Michael Boylan expressed concern about a “two-stage sentencing process” that could cause unnecessary delays.
“I … want to make it clear to the courtroom that there will likely be a little delay now because … cases before other judges have been adjourned off,” he said, adding that he was still deciding Li’s fate.
“This has been happening, I think, for a few weeks now with respect that judges not sentence before 1 September so that these new … options may be available to persons awaiting sentence.
“I just make it plain that it is likely there will be some delay, because there are … a number of convicted persons who (are) awaiting operation of this legislation.”
This week colleague, Judge Geraldine Davison, suggested cancer sufferer, Darryl Colin Horne, 56, convicted of growing drugs for pain relief could also serve a prison term at home.
“I suspect September 1 is going to be a very busy day for Corrections,” she told the court.
Last night Victims’ Rights Commissioner Michael O’Connell warned that any “court delays can cause unnecessary hardship for victims and their families”.
Attorney-General John Rau said the justice system had to place “community safety front and centre” while offenders “must abide by strict conditions and rigorous monitoring.
Law Society president David Caruso applauded the new “commonsense” laws. A Corrections spokesman said almost $2.1 million in new funding was available for the scheme.