SAPOL wants review of sentence for Adelaide anti-vaxxer Raina Jane Cruise
SA Police will ask for a review of the suspended sentence handed to a woman who scalped a pregnant police officer – now the DDP has responded.
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The suspended sentence of an anti-vaxxer who scalped a pregnant police officer has left rank and file officers distressed, with SAPOL to ask for a review of the penalty.
Acting Police Commissioner Linda Williams slammed the court sentence handed to wannabe political candidate Raina Jane Cruise who was found guilty at trial of intentionally causing harm to Constable Anthea Beck on October 17, 2021.
Cruise also pleaded guilty to assaulting two Exeter Hotel security officers immediately prior.
The District Court had deemed Cruise’s crimes inexcusable and worthy of a three-year, eight month sentence but it was ultimately suspended to allow the 39-year-old to seek mental health help.
Commissioner Williams said in a SAPOL police release she had asked the police prosecutions team to examine the sentencing remarks and “initiate a discussion” with the Department of Public Prosecutions “with a view to appealing it”.
“In an environment in which assaults against police are increasing, a suspended sentence in this case simply sends the wrong message and is totally unacceptable,” Ms Williams said.
“Potential offenders need to know that if they assault an emergency services worker there will be severe consequences, that they can expect a custodial sentence as the legislation allows.
“And police who place themselves in danger on every shift they work need to know they have the full support of the judicial system.
“The suspended sentence handed to Raina Jane Cruise, who was found guilty of a violent, sustained and cowardly attack on a female officer, has not met either of these basic expectations.’’
On Thursday, a spokesperson for the Office of the Director of Public Prosecution Martin Hinton KC responded to Ms Williams.
“The DPP will consider the sentence, as he does all sentences,” the spokesperson said.
“He will determine whether to appeal in the usual manner.”
District Court Judge Joanne Deuter, in sentencing, said Cruise had lived through the deaths of her brother, best friend, husband, mother and infant son – the latter of which directly informed her crime.
“Your son died at two months’ old in 2003 from SIDS, 14 hours after he had received routine vaccinations,” she said.
“Ever since, you have had a mistrust of vaccines, believing they were the cause of his death, and remain steadfast in that view … you became a crusader.
“A psychologist says those beliefs are not amenable to rational persuasion and are really a manifestation of a complex bereavement disorder.
“I am not here to judge your beliefs … in my view, your rehabilitation and progress in society would not be best served in prison … I find good reason to suspend your sentence.”
Outside court, Cruise said she did not consider the case finalised. “I appreciate the judge’s clemency today, although I don’t necessarily agree with her verdict and we are certainly considering an appeal,” she said.
Attorney-General Kyam Maher has also asked the DPP to advise on the likely success of an appeal over the sentence, or would consider changing the laws pending the advice.
Mr Maher told FIVEAA he could understand the community anger at the court-imposed penalty, and lawmakers had a “particular duty” to ensure police were as safe as possible.
“We’ve asked for some advice on the prospect of an appeal,” he told the program.
He said if a particular sentence didn’t meet community expectations when all information was known, “we just change the laws”.
He cited examples such as Sophia’s Law relating to ultra high powered vehicles, and Synamin Bell whose killer pleaded to a lesser charge.
Ms Bell’s former partner Cody James Edwards took hallucinogenic drugs before he killed her in 2022, and was initially charged with murder before his guilty plea to manslaughter was accepted by the DPP.
He was ultimately sentenced to 11 years’ jail with a non-parole period of eight years and 10 months – a sentence that sparked an urgent review of the laws relating to “excessive self-defence”.
“If there is a gap in the law, we absolutely will look at that,” Mr Maher said in relation to the Cruise sentence.
Police Association of South Australia president Wade Burns said Cruise’s sentence was a “complete let down to all police officers”, particularly during a recruitment and retention crisis.
“It is completely unreasonable members can be assaulted and offenders have no penalty,” he told FIVEAA.
“I’ll be writing to the Attorney-General and looking to reversing the presumption of bail for people charged with assaulting police.”
He said despite laws being changed in 2019 to toughen protections against police, assaults on officers had increased year on year for the past three years.
Opposition Police spokesman Jack Batty also slammed the sentence.
“This is outrageous. No one should get away with (a suspended sentence for) assaulting a police officer,” he said.
“The former Liberal government introduced tough new laws to protect police.
“It’s up to this government to make sure that tough penalties are being applied.
“Who would look at a job advertisement to become a police officer under this Labor Government and actually want to sign up?”