Bikie attack prompts reintroduction of SA bill

Bikie gang violence has hit the headlines again following the death of the son of a South Australian Comanchero. In the light of this attack, South Australian Family First MP, Dennis Hood, plans to reintroduce a bill to prevent SA courts from giving suspended sentences for an offender’s second serious offence.

In South Australia there is presently much discussed about motorcycle gangs and violent crimes. The government has sought to enact legislation to enable courts to make control orders to prevent members from associating with a criminal gang. The High Court has declared that this legislation is invalid, and the government is reviewing how it can achieve this purpose through valid legislation. That is a worthwhile objective, and we will wait to see what can be achieved.

But this problem has been around for a long time, and it raises other issues. If motorcycle gangs (which are presently not outlawed as such) are able to continue doing what they do, when everyone knows that they commit offences and run illegal enterprises, why can’t the police stop them?

I say that there are other steps that we can take. The Police Commissioner, Mal Hyde, has called for new legislation and harsher sentences to halt the rise of bikie violence. I agree with that.

On this point, on behalf of the Family First Party, I introduced a bill to the South Australian Parliament in 2008, which would have had the effect of restricting the ability of the courts to suspend sentences for serious repeat offenders. I emphasise that it did not restrict this option for ordinary offences or for first offences – the courts would still have had the discretion there. I was concerned that I was aware of examples of sentences where serious repeat offenders were given suspended sentences, which meant that they were sentenced to imprisonment, but if they did not offend for a set period, they did not serve it.

The courts are obliged by law to consider, amongst other things, the interest of the offender and his future prospects. My concern is that the interests of the victims and the public should be the paramount consideration where there is serious repeat offending. I intend to re-introduce it.

In general terms, the bill defines a serious offence as such things as certain sexual offences, robbery, home invasion or causing a bushfire, where the maximum imprisonment is at least five years. I am constantly being told by the public that they are sick of criminals getting suspended sentences for these types of offences.
I know that it is often said that people who are about to commit an offence do not consider the consequences of being caught. But at the present time, at a subconscious level, criminals are aware that they have at least a chance of not being imprisoned, even for serious offences, and they believe that they have a level of sympathy and understanding from the courts, and possibly the public.

That is what is wrong with the present system. Serious repeat offending is simply unacceptable. If this bill had been passed in 2008, the police would have been better equipped to tackle crimes by members of motorcycle gangs.

Dennis Hood is a Member of the Legislative Council and Parliamentary Leader for the Family First Party in South Australia. He joined his former parliamentary colleague, Andrew Evans – replaced by the Hon Robert Brokenshire MLC in 2008 – in the Upper House after being elected in the 2006 State Election. In State Parliament, Dennis has fought to promote and protect traditional family values, whilst seeking to introduce measures that foster a better quality of life for all South Australians.   Dennis is currently on the Social Development Committee administered by the South Australian Parliament, Chairman of the Family First Party’s State Executive and Member of the Family First Party’s Federal Executive. Prior to entering politics, Dennis spent some 12 years in the pharmaceutical industry, progressing to Senior Management in Johnson & Johnson, the world’s largest healthcare company. Dennis is 42 years old, a Justice of the Peace and holds a university degree in economics and an honours degree in politics and philosophy.  He has been married for 13 years and has one daughter.