Annastacia Palaszczuk tells courts: do your job
The Premier takes an extraordinary swipe at the courts as she reveals youth justice reforms after Brisbane mum’s stabbing death.
Annastacia Palaszczuk has taken an extraordinary swipe at the courts as she unveiled a suite of youth justice reforms in the wake of the brutal stabbing death of Brisbane mother Emma Lovell.
Responding to criticism of her government’s handling of youth crime, Ms Palaszczuk suggested judges and magistrates were being too lenient with repeat juvenile offenders.
She announced laws would be amended to mandate that courts take into account previous bail history and criminal history when sentencing.
Ms Lovell, 41, was allegedly stabbed to death by two knife-wielding teens who broke into her home on Boxing Day. Ms Lovell’s husband Lee was also stabbed. The teen boys, both aged 17, were known to police and one was convicted last year for attempted murder, Seven reported.
The reforms come amid a national debate about whether the age of criminal responsibility should be raised to 14, as recommended by the United Nations.
In the second suite of youth justice reforms in as many years, penalties will increase for offenders who boast about crimes on social media.
The maximum sentence for stealing a car will also increase from seven to 10 years and a harsher penalty of 14 years’ jail will be introduced for offences committed at night.
At a press conference announcing increased penalties on Monday, Ms Palaszczuk was asked how the government could ensure the judiciary implemented maximum sentences.
“Can I say this and be upfront and frank? The courts need to do their job,” Ms Palaszczuk said.
“The facts aren’t before me. The facts are before the courts, so it’s up to them to make the decisions.
“There are separation of powers and you have heard my comment, I stand by my comment.”
Police sources have described their frustration with the courts for rejecting applications to deny bail and not enforcing maximum sentences more often.
Criminal lawyer Bill Potts, a former law society president, said Ms Palaszczuk’s dig at the courts was “cheap shot”.
“The courts have become a favourite target of the government’s tirades,” he said.
“We have over a hundred magistrates doing an extraordinarily difficult job very well, we have a judiciary who will uphold and enforce the law, and we have a system which whilst not perfect, certainly works, notwithstanding what the public may think.”
Ms Lovell’s death prompted an outpouring of grief from the community and led to calls from her husband for a crackdown on youth crime.
“I urge the politicians who can make changes to do so and not just talk about it to gain votes for the next election, you need to act and follow the talking through,” he said in a statement.
An online petition for “Emma’s Law”, supported by Mr Lovell and which has already garnered more than 34,000 signatures, calls for both state and federal governments to mandate incarceration for reoffending violent home invaders.
Ms Palaszczuk acknowledged: “A lot of people aren’t going to like some of these announcements I’m making today.
“And I‘m going to stand by them and people will be able to judge us on that at the next election.” Mr Potts believes the proposed laws will have limited impact on youth crime rates.
“And until our governments, our leaders are prepared to have the difficult discussion, and actually deal with the causes of crime, not just the results of crime, and we are destined to an ever-increasing vortex of Law and Order auctions which will achieve nothing.” Mr Potts said to curb young offending rates the government must address youth homelessness, mental health access and drug rehabilitation.
A 2020 Youth Justice Department census found 60 per cent of juvenile offenders had experienced family violence, 46 per cent had a mental health disorder and 30 per cent lived in “unsuitable” accommodation.
Executive director of the Justice Reform Initiative Dr Mindy Sotiri said she was “deeply alarmed” by the new reforms.
“The evidence is very clear that we cannot imprison our way to a safer society,” she said.
“Imprisonment itself is criminogenic. That is, the experience of imprisonment makes it more likely that someone will commit more crime.”
Opposition Leader David Crisafulli called for parliament to be recalled a month early to pass youth justice laws. “Queenslanders are scared, they’re angry and they are living through a failure of legislation and a failure of leadership, and they are calling for action,” he said.