Editor’s view: Tough youth crime laws useless if courts don’t step up

David Crisafulli’s “adult crime, adult time” laws are a much-needed weapon in the arsenal to tackle the youth crime scourge, but they won’t do a thing if the courts continue to turn their noses up at meaningful legislative changes

Premier David Crisafulli’s “adult crime, adult time” laws are a much-needed weapon in the arsenal to tackle the youth crime scourge terrorising this state.

But they won’t do a thing to stop out-of-control youths if the courts continue to turn their noses up at meaningful legislative changes that have been and are being made to address this issue.

The latest example of concern is in relation to the death of beloved grandmother Rosemary Franzidis.

The 69-year-old was killed when a 16-year-old allegedly driving an Audi he had stolen at gunpoint crashed into her car as she made her way home from church.

The teenager charged with her manslaughter, who it should be noted has a long rap sheet for property offences and breaches of bail, appeared in the Queensland Children’s Court yesterday.

At the same time Mrs Franzidis’s family were at her home, grieving their loss and trying to make sense of how this tragedy happened.

What they’ll never know is what happened to the teenager in court because Magistrate Anne Thacker refused to allow the media into the courtroom to cover the case despite new laws introduced by the former Miles government to allow greater transparency in our justice system.

Premier David Crisafulli’s new crime laws won’t do a thing to stop out-of-control youths if the courts continue to turn their noses up at meaningful legislative changes that have been and are being made to address this issue. Picture: Lyndon Mechielsen/Courier Mail

Those laws were introduced as a direct response to the youth crime crisis and came immediately after the horrific death of another beloved grandmother Vyleen White, who was stabbed to death while in the company of her granddaughter at their local shopping centre.

The new laws, made under changes to the Youth Justice Act, were intended to make children’s courts open to not only media but victims of crime as well as the families of victims.

In August, then-premier Steven Miles and attorney-general Yvette D’Ath said that greater media access to the courts would help give the wider community confidence in the justice system.

“Open justice is fundamental to our strong democracy,’’ they said.

“The public has the right to know what is going on in our court system. We want journalists to be able to cover these stories.”

What is apparent from the decision of Ms Thacker and others like her is that the judiciary can make decisions apparently not within the will of the legislature.

It also serves as a warning to the new Premier who has promised a reduction in crime numbers before the next election.

He went so far as to put his job on the line if they didn’t. His key promised was that the “adult crime, adult time” laws will be law before Christmas.

Given the mandate and the majority he has in the parliament that shouldn’t be a problem.

What could be a problem is the judicial system heeding those changes to the law and sentencing accordingly.

In his victory speech Mr Crisafulli said he wanted to lead a generational government … “one that has the opportunity to govern for a long time”.

He may need that time to overhaul the courts and appoint fresh faces to the bench to ensure the promised inroads he intends to make in youth crime and especially his signature “adult crime, adult time laws” have the chance to have a significant impact on driving down youth crime in this state.