YOUTHS tried as adults in South Australian courts can expect to feel the full weight of the law after a push for a legislative change that will see young offenders more severely punished.
The proposed amendment comes following the public outcry over the lenient sentence given to a 16-year-old who killed Nicole Tucker, 48, when he crashed the stolen car he was driving into her vehicle on the Southern Expressway in Adelaide last year.
Charged with causing death by dangerous driving, the prosecution successfully applied to have the boy, who had a long criminal history, tried as an adult.
Despite this, he was still sentenced within the terms of the Young Offenders Act, meaning imprisonment for just three years, four months and one week with a non-parole period of 18 months was imposed.
Following the decision by the Director of Public Prosecutions not to appeal the sentence, Attorney-General John Rau took action to change the legislation so that youths who commit serious offences are more appropriately punished in the future.
“The fault lies with the law – not the judge, not the Director of Public Prosecutions,” Mr Rau said in a statement.
“I will be advising the parliament of legislative changes to deal with this problem.”
The change to the law would see youths who are tried as adults sentenced based on the seriousness of their offending rather than prioritising the “care, correction, guidance and rehabilitation” of the young offender.
Mount Gambier solicitor Heidi Hancock welcomed the change stating that it would be an improvement to the current law.
“It appears there is inconsistency with the way the current law operates in that while a youth can be convicted in the District Court as an adult, the provisions of the Young Offenders Act still apply when it comes to sentencing,” Ms Hancock said.
“It is difficult to make comment without seeing the proposed amendments to the legislation, however if the amendments provide the scope for each case to be considered on its individual circumstances then this would be an improvement to the current law.”
Ms Hancock has provided defence counsel for youths in the region on several occasions and said it would be important the law is applied on a case by case basis.
“It may be entirely appropriate in some cases for a youth who is 17 or more, who has a significant criminal history and has committed a serious crime to be dealt with as an adult,” Ms Hancock said.
“However the law must also consider if it is appropriate to deal with a 15-year-old who has committed the same serious crime but never been in trouble before in the same way.”
In light of the recent confusion and community outcry when the sentence on the matter of Ms Tucker was handed down, Ms Hancock said the community needs to understand the complex process of sentencing.
“It is not an exact science,” she said.
“Judicial officers have to balance a number of objectives when sentencing, including punishment of the offender, deterrence of the offender and the wider community as well as rehabilitation.
“Ultimately judicial officers must sentence according to the law made by parliament.”
