Gold Coast Crime: City’s criminals may avoid social distancing fines through police discretion

A former top cop says criminals breaching strict isolation rules when committing crimes should always get a coronavirus fine too – just like anyone else.

A FORMER top cop says criminals breaching strict isolation rules when committing crimes should always get a coronavirus fine too just like anyone else.

Debate is raging on whether it is “overkill” to add a $1334 spot fine to the woes of criminals caught in the act of break-and-enters and other offences.

Police have extraordinary powers to issue spot fines to individuals who fail to comply with public health directions, including non-essential travel, during the coronavirus outbreak.

Officers have issued 1235 infringement notices to those in breach of the directions since March 27, latest figures show.

Police hold powers to issue an infringement notice on top of charging someone with a criminal offence. But just because an offender is busted for a crime it doesn’t mean they will automatically be slapped with a $1334 fine, police say.

Police are seen patrolling the beach at Burleigh Heads. (AAP Image/Darren England)

“Police are able to exercise discretion in determining an appropriate course of action, particularly when breaches of directions under the Public Health Act 2005 are committed in conjunction with more serious criminal offences,” a Queensland Police Service spokesman said.

“Merely because an offence is identified does not mandate the issuing of an infringement notice in addition to criminal charges. However, police will exercise their discretion on a case-by-case basis depending on, amongst other factors, the nature and severity of the offences in question.”

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Ex Queensland Superintendent Jim Keogh, who retired in 2017 after 37 years, said people leaving the house to commit crimes had no “plausible excuse” and should cop a $1334 fine.

“It’s like if somebody assaults somebody in a house,” he said. “First, they break into the house, then assault them inside. They should be charged with the assault and break and enter.

“They’ve got no lawful reason to be there, then they commit a second offence when they’re there. They should wear them both most definitely.

Chief Superintendent Mark Wheeler. (COVID-19). Picture: Jerad Williams

“But I’ve got to be honest, the social distancing laws are the last thing going through a criminal’s mind. They’re more concerned about getting caught for the main reason they’re leaving the house.

“I don’t think you would see too many criminals in jail when asked by another criminal why they’re inside saying, ‘I breached social distancing’.”

Veteran Gold Coast criminal lawyer Bill Potts said each case would be different but ordinarily a fine shouldn’t be issued alongside a criminal charge.

Police have also been spotting moving on sunbathers at Gold Coast beaches. (AAP Image/Darren England)

“Generally, it seems to me, that people should be charged with the more serious offending. If you are doing a break-and-enter that carriers a significant criminal penalty as oppose to a fine, which will just simply clog up SPER and never get paid,” he said.

But there have been instances of where police have issued fines and laid charges.

A 31-year-old Palm Beach man accused of trying to smuggle more than 90kg of cannabis across the Queensland, New South Wales border was charged with drug offences and issued the hefty fine on April 8.

Two days later, a Woodridge man, 40, was allegedly found with a loaded handgun and a syringe with heroin at Beenleigh Railway Station. He was also charged and fined.