Mental illness no excuse
Kennett says too many criminals getting off lightly
FORMER premier Jeff Kennett has demanded the Victorian justice system scrap laws which allow criminals to use mental illness as an excuse for serious offending.
The beyondblue founder said too many criminals are getting off lightly for “horrendous crimes” based on claims they were mentally unwell at the time.
“I do not accept that having a mental illness results in a person committing a crime,” he said. “I am sick to death of the way the court in too many cases is handing down what appears to be totally inappropriate punishments for crimes committed.
“Everyone who commits a crime that is serious enough to be brought before a court, should be held responsible for their actions, regardless of their so-called mental condition.”
Mr Kennett is calling on the State Government to make retrospective changes to laws to prevent alleged offenders from using mental illness as an excuse to avoid standing trial.
“That might impact the alleged perpetrators of the Bourke St and Flinders St atrocities currently before our courts, regardless of their claimed condition at the time of their crime,” he said.
Accused Bourke St rampage driver James Gargasoulas has used mental impairment to avoid facing court several times, while lawyers for accused Flinders St driver Saeed Noori have declared similar intentions.
It comes as Police Minister Lisa Neville said the govern- ment was working with Police Association Victoria to tighten laws which jail thugs who attack emergency service workers.
News Corp revealed on Wednesday an ice-addicted burglar was given just 200 hours’ community service after assaulting a policewoman.
The violent attack committed by Ahmed El Lababidi left the officer in need of dental surgery and fearful of working on the frontline.
Ms Neville said the government is working to strengthen minimum sentence laws which have “not proven to be comprehensive enough”.
The laws, introduced in 2014, created a new offence of assaulting an emergency service worker that carries a mandatory six months’ jail term.
While El Lababidi was charged with that offence, it was later dropped. It is understood the Office of Public Prosecutions is considering an appeal.
“Police are not, nor should they be, punching bags — recent behaviour towards police has been appalling,” Ms Neville said. Opposition attorneygeneral John Pesutto also backed the move to close potential loopholes.