Tougher penalties for child killers after year-long sentencing review

The Queensland Sentencing Advisory Council has handed down the results of its year-long investigation into the penalties being handed to child killers, recommending eight changes to the way courts deal with offenders.

CHILD killers will face harsher penalties under a sentencing shake-up to ensure they do adequate time for their crimes.

The Queensland Sentencing Advisory Council on Wednesday handed down the results of its year-long investigation into the penalties being handed to child killers, recommending a new aggravating penalty for those who kill children 12 and under.

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The report being released this morning found penalties imposed for the manslaughter of children, particularly those involving the direct use of violence “do not adequately reflect the undue and significant vulnerabilities of child victims”.

The council has recommended eight changes to the way courts deal with child homicide offenders, including making the killing of a child under 12 an aggravating feature of manslaughter.

The 12 month investigation into the sentences being handed to child killers in Queensland was launched after the community condemned a series of “weak” penalties.

In Queensland, the average custodial sentence for manslaughter is 8.3 years with offenders receiving significantly longer sentences for manslaughter of an adult, 8.5 years, than a child, 6.8 years.

Other recommended changes include better communication with victims’ families and the immediate publication of sentencing remarks.

Attorney-General Yvette D’Ath. Picture: AAP/John Gass

Attorney-General Yvette D’Ath has announced the State will move to widen the definition of murder to lessen the number of child killers getting away with lighter sentences because murder is harder to prove than manslaughter.

Ms D’Ath announced the changes this morning to coincide with the release of the Queensland Sentencing Advisory Council’s report on child homicides.

“We also want to send a very clear message out there of deterrence,” she said.

“As parents as carers we have a responsibility to nurture and protect our children.

“When you fail to meet that obligation and even worse still you callously disregard that child’s life and that child dies … because of your actions, then people expect strong action, the government expects strong action.”

Ms D’Ath said the government would implement all of the eight changes recommended by the sentencing council.

She said the definition of murder would also be expanded to protect vulnerable members of the community including children and the elderly.

“What this evidence based comprehensive research has shown us … is that there is confusion out there around the definition of murder, there is concern around vulnerable cohorts not just children but people with a disability and the elderly,” she said.

“People want to see the punishment fitting the crimes.”

To prove the charge of murder, prosecutors must prove the killer had intent, but Ms D’Ath said under the changes, reckless indifference and the probability of death could instead be taken into account.

Originally published as Tougher penalties for child killers after year-long sentencing review