Latest news with #Frecklington
Business Mayor
21-05-2025
- Politics
- Business Mayor
Queensland to restrict good character references in sentencing of accused rapists
The consideration of good character references for accused rapists will be restricted under major Queensland court reforms but some advocates say it does not go far enough. The changes introduced to Queensland parliament this week are among the recommendations made by a Queensland Sentencing Advisory Council report into rape and sexual assault. Good character references from friends and families of accused rapists have traditionally been a consideration in a judge's decision on the sentence. The report recommended that the use of good character references, including evidence of the offender's standing and contributions in the community, should be restricted in sentencing. 'No one wants to hear that a rapist is all-round great person, a trustworthy mate, or that they're respected in the community – especially not their victim, bravely sitting in court,' the attorney general, Deb Frecklington, said. Frecklington said this law reform is very close to her heart. One of the last criminal matters when she was a lawyer involved a former school principal who had been the citizen of the year in her local community. A good character reference was taken into consideration during his sentencing. 'It is extremely distressing still for many of the victims,' she told parliament. The bill means good character references can only be used as a mitigating factor if it is relevant to the offender's prospects of rehabilitation or risk of offending. Courts can also decide not to treat the character reference as a mitigating factor depending on the 'nature and seriousness of the offence'. 'This will limit the use of problematic good character evidence,' Frecklington said. Read More Government being 'counterproductive' over Clean Air Bill, says MP The bill also includes recognition of victim harm as an 'express purpose of sentencing' and ensuring courts do not draw any inference about whether the victim was harmed from the fact that no victim impact statement was given. The introduction of the laws was welcomed by the state opposition, who had lobbied for changes, calling it a win for sexual assault victim survivors. 'These new laws will empower victim-survivors and ensure that perpetrators are held accountable,' the shadow attorney general, Meaghan Scanlon, said. The state's victims' commissioner, Beck O'Connor, tentatively welcomed the change but claimed it does not go far enough. She said the laws should be strengthened to mean courts do not give any consideration to good character references in any circumstances. 'Victim-survivors continue to share their distress and trauma about the acceptance and reliance of character references, with little to no effort made by anyone to verify the content,' O'Connor said. 'Completely preventing the use of good character evidence is the best way to show victims they are being listened to, and their significant concerns have been addressed.' A review of sentencing guidelines in New South Wales is under way, while the use of good character references remains in other states and territories. Good character references for child sexual abuse offenders were removed in Tasmania in 2016.
West Australian
20-05-2025
- Politics
- West Australian
Queensland government introduces major law change to limit 'good character' evidence at sexual assault trials in huge overhaul
The Queensland Government has revealed a major overhaul of the state's sentencing laws – with 'good character' evidence set to be limited as part of the reform of how sexual violence cases are sentenced. The proposed reforms include limiting the use of 'good character' evidence in court, formally recognising the harm caused to victims, and requiring courts to treat offences against children more seriously. It follows recommendations from the Queensland Sentencing Advisory Council's final report on sentencing for sexual assault and rape offences. Attorney-General Deb Frecklington said the amendments mark a significant shift in the state's approach to sentencing sexual offences. 'These changes send a clear message that under the Crisafulli Government, victims are being put first,' Ms Frecklington said. 'No one wants to hear that a rapist is all-round great person, a trustworthy mate, or that they're respected in the community, especially not their victim, bravely sitting in court.' She explained that the reforms mean an offender's 'good character' can only be considered as a mitigating factor if it is relevant to their prospects of rehabilitation or likelihood of reoffending. 'It is a major change from where we are now, but I believe a very necessary one, to give victims the respect they deserve.' Another key amendment is the introduction of a new aggravating factor requiring courts to treat sexual offences against children aged 16 or 17 as more serious. This reflects both the increased harm experienced by young victims and the higher culpability of the offender. 'When the victim of sexual violence is a child, we know that Queenslanders expect to see the gravity of that crime reflected in the sentence handed down,' Ms Frecklington said. The bill also addresses concerns from the Sentencing Advisory Council that some victims may avoid providing a victim impact statement out of fear it could affect sentencing outcomes. The new laws ensure no negative inference will be drawn if a victim chooses not to make such a statement. 'Victims and community safety are an absolute priority for the Crisafulli Government, and I want to thank the Queensland Sentencing Advisory Council and the Secretariat for their work,' Ms Frecklington added. The amendments to the Penalties and Sentences Act 1992 are now before parliament.
Perth Now
20-05-2025
- Politics
- Perth Now
State's huge overhaul of sentencing laws
The Queensland Government has revealed a major overhaul of the state's sentencing laws – with 'good character' evidence set to be limited as part of the reform of how sexual violence cases are sentenced. The proposed reforms include limiting the use of 'good character' evidence in court, formally recognising the harm caused to victims, and requiring courts to treat offences against children more seriously. It follows recommendations from the Queensland Sentencing Advisory Council's final report on sentencing for sexual assault and rape offences. Attorney-General Deb Frecklington said the amendments mark a significant shift in the state's approach to sentencing sexual offences. 'These changes send a clear message that under the Crisafulli Government, victims are being put first,' Ms Frecklington said. 'No one wants to hear that a rapist is all-round great person, a trustworthy mate, or that they're respected in the community, especially not their victim, bravely sitting in court.' Ms Frecklington said the new amendments ensures that 'victims are being put first'. Dan Peled / NewsWire Credit: News Corp Australia She explained that the reforms mean an offender's 'good character' can only be considered as a mitigating factor if it is relevant to their prospects of rehabilitation or likelihood of reoffending. 'It is a major change from where we are now, but I believe a very necessary one, to give victims the respect they deserve.' Another key amendment is the introduction of a new aggravating factor requiring courts to treat sexual offences against children aged 16 or 17 as more serious. This reflects both the increased harm experienced by young victims and the higher culpability of the offender. 'When the victim of sexual violence is a child, we know that Queenslanders expect to see the gravity of that crime reflected in the sentence handed down,' Ms Frecklington said. The bill also addresses concerns from the Sentencing Advisory Council that some victims may avoid providing a victim impact statement out of fear it could affect sentencing outcomes. The new laws ensure no negative inference will be drawn if a victim chooses not to make such a statement. 'Victims and community safety are an absolute priority for the Crisafulli Government, and I want to thank the Queensland Sentencing Advisory Council and the Secretariat for their work,' Ms Frecklington added. The amendments to the Penalties and Sentences Act 1992 are now before parliament.
Perth Now
29-04-2025
- Politics
- Perth Now
Wave of case issues expected in mass DNA retesting
Mass DNA re-testing at a beleaguered lab is likely to reveal issues with more cases, a state government warns amid reforms to keep the forensic samples for longer. Queensland's state-run lab has been the subject of two full-scale inquiries into its operations since testing issues were first raised following the death of 23-year-old Shandee Blackburn, who was stabbed more than 20 times on her way home from work in Mackay in 2013. The Liberal National government launched reforms after it emerged more than 40,000 of the state's most serious cases were "under a forensic cloud" following the back-to-back inquiries. A DNA testing "debacle" was brought to light by the inquiries, a failure that may have led to offenders escaping conviction over nine years from 2007. The LNP government on Tuesday moved amendments in parliament to ensure current DNA sample retention was extended from three to seven years to tackle the re-testing backlog, which may take years. Queensland Attorney-General Deb Frecklington said further high profile cases will emerge from the re-testing after the amendment was moved. "Who knows how many other Shandee Blackburns are out there. I hope none but I know that there will be many," she told parliament on Tuesday. DNA material taken from suspects between June 14, 2025 and June 14, 2027 will be kept for up to three years under the amendment. Lab samples would have been destroyed if the LNP government had not acted urgently, Ms Frecklington told parliament. "This will help ensure that investigations into serious criminal offences can be conducted with all available information and will help preserve the confidence in our criminal justice system," she said. After issues were raised following Ms Blackburn's death, forensic scientist Kirsty Wright spoke out about the government-run lab and triggered two inquiries in as many years. The first was in 2022 led by Walter Sofronoff KC, and found many DNA samples went untested and others were incorrectly ruled insufficient. Retired Federal Court judge Annabelle Bennett led the second in 2023, which found an automated extraction method yielded up to 92 per cent less DNA than the manual technique. The LNP government chose Dr Wright to oversee forensic lab reforms when it won the October 2024 election. The amendment on Tuesday was a recommendation of Dr Wright, who is overseeing a DNA Lab Review and handing down recommendations with renowned FBI expert Bruce Budowle in mid-2025. Ms Frecklington said the LNP government had also delivered $6 million to the Office of the Director of Public Prosecutions to allow victims' cases impacted by the testing backlog to be finalised sooner.
The Guardian
14-03-2025
- Politics
- The Guardian
LNP accused of ‘outrageous betrayal' after halting implementation of anti-discrimination law reform
The Queensland government is facing criticism after announcing an indefinite delay to the implementation of anti-discrimination law reforms designed to protect victims of domestic violence, homeless people, women at work and others. The state attorney general, Deb Frecklington, told parliament on Friday she would introduce legislation to delay implementation of the Respect at Work and Other Matters Amendment Act 2024. The Act is the most substantial reform to the state's anti-discrimination laws since they were passed in 1991. Among other things, it establishes a positive duty on employers to prevent discrimination in their workplace and creates additional protected classes, including homeless people and those with an irrelevant criminal record. It was developed after a three-and-a-half year consultation process conducted by Queensland's Human Rights Commission, sparked by a scandal at Brisbane's Citipointe Christian College, which required families to sign a statement declaring 'homosexual acts' are immoral. The commission published a draft bill in February last year. Labor subsequently put only the least controversial parts of the legislation to parliament, which passed into law in September; all LNP MPs voted against it. Sign up for Guardian Australia's breaking news email Frecklington said the planned 1 July commencement date does not allow sufficient time for consultation. She said the legislation could create 'unnecessary burden on organisations and institutions' and protections for people with an irrelevant criminal record might complicate 'decisions relating to weapons licensing, police protection notices and security provider licensing'. Queensland's human rights commissioner, Scott McDougall, said he was 'bewildered' by the announcement and the attorney general's concerns had never been raised with him. Aside from the review by the commission, he said the laws had been backed by inquiries by the Australian Human Rights Commission, the Queensland sentencing advisory council and two prior inquiries by the parliamentary legal affairs and safety committee. 'To pause the implementation of all these changes due to a concern about one aspect of the reforms, with no notice and no concerns previously having been raised with us, is a disproportionate response,' he said. 'To claim the reforms were rushed and not consultative enough is additionally misleading.' The general secretary of the Queensland Council of Unions, Jacqueline King, said the decision was 'an outrageous betrayal of Queensland workers'. 'We don't need any more consultation. We have been consulted to death over important reforms in this space on sexual harassment. We just need to get on and act the legislation and do it,' she said. Sign up to Morning Mail Our Australian morning briefing breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion Matilda Alexander from the Queensland Independent Disability Advocacy Network said Queenslanders with a disability had been waiting 'too long' for changes to discrimination and hate speech laws. 'For the first time, hate speech would have been unlawful on the basis of disability. For the first time victims of crime and domestic violence would have been protected from discrimination,' she said. 'Justice delayed is justice denied. This delay will mean people with disability will continue to experience unfair discrimination, hate speech, abuse and harm.' Equality Australia's CEO, Anna Brown, said the 'uncontroversial changes' had already been through a 'full and comprehensive consultation process that took many years and reopening it is a waste of time and taxpayer money'. 'Delaying these laws without any real justification is alarming given they offer strengthened protections for so many communities, including LGBTIQ+ people, the homeless and survivors of domestic violence,' she said. 'Serious questions need to be asked about who is pressuring the government to pause these commonsense changes that simply modernise Queensland's anti-discrimination laws.'
