Lib questions homicide Bill

by Justin Biggar

April 9, 2008

PROPOSED changes to WA’s homicide laws, following recent high profile cases, have been questioned by the state Opposition’s newest recruit . 

 “What’s being proposed.... is the removal of minimum mandatory life imprisonment for murder,” said Christian Porter, the new shadow attorney general of a draft Bill proposed by WA’s Labor government.

Mr Porter has enjoyed a rapid rise in the Liberal party, after winning the seat of Murdoch recently in a by-election following the untimely death of incumbent Trevor Sprigg. A former senior prosecutor for the Director of Public Prosecutions, Mr Porter supports most of the draft legislation but is critical of reforms to the wilful murder charge. 

The changes proposed by WA’s Labor government would merge the wilful murder and murder charges.

Mr Porter fears this would “give too broad a discretion to the judge”, by allowing greater power to decide on the length of non-parole periods. 

“The new laws will place judges in an untenable position,” he said.

The proposals were contained in a report by the WA Law Reform Commission. They follow the DPP’s failure to successfully prosecute over the death of Cockburn eight-year-old Sofia Rodriguez-Urrutia-Shu in 2006.

The Bill also proposes a new offence to address so-called “one punch” deaths.