25 October 2004
Making People Responsible For Their Actions
Dr Peter Toyne MLA
Attorney-General and Minister for Justice
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The Criminal Responsibility Provision of the Criminal Code – Section 31, will be amended to make people responsible for their actions.
Being drunk or high on drugs will no longer be an excuse for people who commit serious offences of violence.
Attorney-General Dr Peter Toyne said this is the most important change to the Criminal Code since I have become Attorney-General,” Dr Toyne said.
“Having already made inroads into property offences we are now increasing our focus on reducing crime of violence in our community.”
“This reform will send a strong message to violent offenders.”
“The current Criminal Responsibility Provision has the affect of excusing responsibility for non-intentional conduct.
“As the law stands now, someone who is drunk or high on drugs may not be convicted of a killing offence when that would be the appropriate result.”
“This often results in a conviction under Dangerous Act in the NT Criminal Code - Section 154 being used as an alternative to manslaughter – resulting in lower penalties.”
“This means the options for prosecution of people who commit offences against the person is very narrow and offenders may benefit from comparatively low sentences.”
“We’ll get rid of Section 154 (which is unique in Australian Criminal Codes) and replace it with new offences targeted at specific criminal behaviour; culpable driving and negligent harm offences with penalties appropriate to the conduct and harm inflicted.
“The amendment of Section 31 and repeal of Section 154 will mean that the victims of crime and their families will get justice.”
“It will also finally address the concerns raised by the judiciary and law experts for more than two decades.”
“It will give the Courts and Police the tools they need to deal with serious crimes against the person,” Dr Toyne said.
The amendments to the Criminal Code are expected to be introduced in the February sittings.