Charlotte Varcoe
THE state government has recognised the current interaction between two laws “do not meet community standards”.
Attorney-general Kyam Maher fronted media on Friday afternoon less than two hours after Millicent man Cody James Edwards, 27, was handed a head sentence of 11 years.
Edwards was originally charged with the murder of his partner at the time, Synamin Bell, who was found dead in her home in March 2022.
During a seven-day trial held in Mount Gambier/Berrin, Edwards pleaded guilty to the lesser charge of manslaughter, claiming the drugs the couple voluntarily consumed caused him to believe Ms Bell intended to harm her.
Edwards’ defence lawyer, Steven Milsteed, claimed he felt fearful and paranoia during the night of the offense and that he believed Ms Bell intended to harm him.
On Friday, Edwards was sentenced to eight years and 10 months without parole backdated to when he was first arrested in 2022.
He is able to apply for parole in 2031.
Mr Maher sent his thoughts to the friends and family of Ms Bell and acknowledged there was a gap in the current legislation which led to Edwards’ downgraded sentence.
“This case has highlighted the need of how to address the laws of self-induced intoxication and the laws of excessive self-defence interact with each other,” Mr Maher said.
“We do not think the laws as they currently stand meet community expectations.
“We have already started drafting laws that would seek to change this and as early as next week we will seek consultation.”
Mr Maher confirmed this consultation would include Ms Bell’s family.
He said the courts had applied the laws as it currently stands with the state government believing it was “incumbent” on members of Parliament as “legislators and the Parliament” to change the laws.
“This is a particularly complicated area of law, the law of self-induced intoxication as it interacts with the use of excessive force in self-defence and the particle defence that it provides,” Mr Maher said.
“We recognise there is a gap in the law as it currently stands and we will look to make changes.
“The laws, as they currently stand, we do not think meet community standards.”
Mr Maher said he could not imagine walking in the shoes of Ms Bell’s family and what they were going through.
“We do not want to see another family go through what Synamin’s family has had to go through,” he said.
Ms Bell’s sister, Shen Bell, fronted court on the Friday with friends and family, donning signs calling for the legislative change.
Upon hearing the sentencing, many family members stormed out of the courtroom before gathering outside to consolidate each other.
Speaking with The Border Watch, Shen said she was glad to hear the stated government had prompted change so quickly.
Shen said the response was amazing considering the outcome from her sister’s death.
“I think it is great that the attorney-general and the government are standing up to do something about it,” Shen said.
“I did not expect the action to happen so quickly.”
She said the prompt change from the state government showed the public there were indeed people who cared about what was happening and the gap in the laws were not being overlooked.
“It shows the public there are people who care about what has happened and hopefully something will change,” Shen said.
“I think there should be more laws on this and the community has been let down.”
She said she hoped there would be big changes to the law as an outcome, claiming if a “grown adult” was voluntarily intoxicated, they should be held accountable.
“If you consume a drink and get behind the wheel of a car, you are done and it should be the same for drugs,” she said.
Member of the Legislative Council and Mount Gambier/Berrin resident Ben Hood called for the changes during Parliament recently and said he was heartened to hear the laws were looking at being changed.
Mr Hood said despite the prompt change, what it did not do was take away the pain from Ms Bell’s family, friends and children after the sentence was handed down.
“I cannot imagine the pain they are feeling,” Mr Hood said.
“It is not good enough in my mind.”
