WEDNESDAY, JULY 27, 1983
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BILL TO REDUCE DELAY IN COURT CASES
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COMMITTAL PROCEEDINGS HAD BEEN DECLINING IN IMPORTANCE IN RECENT YEARS, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, SAID TODAY.
IN MOST CASES, THEY WERE REALLY NO MORE THAN A TIME-CONSUMING FORMALITY WHICH, BECAUSE OF CONGESTION OF THE LISTS IN MAGISTRATES COURTS, SERVED ONLY TO DELAY THE TRIAL ITSELF, HE SAID.
+THIS DECLINE HAS ALREADY BEEN RECOGNISED BY THE USE OF WRITTEN STATEMENTS TO AVOID CALLING PROSECUTION WITNESSES, HR THOMAS SAID.
MR THOMAS WAS MOVING THE SECOND READING OF THE CRIMINAL PROCEDURE (PRELIMINARY PROCEEDINGS ON AN INDICTABLE OFFENCE) BILL 1983. WHICH WILL REDUCE THE DELAY IN THE JUDICIAL PROCESS BY PROVIDING FOR AUTOMATIC COMMITTAL OF DEFENDANTS WHO ARE CHARGED WITH AN INDICTABLE OFFENCE, UNLESS THEY ELECT THAT THERE SHOULD BE A PRELIMINARY INQUIRY.
TO HELP THE ACCUSED, LEGAL AID WILL BE AVAILABLE TO ELIGIBLE DEFENDANTS AT THIS STAGE OF ELECTING WHETHER OR NOT TO AGREE TO AN AUTOMATIC COMMITTAL.
DEBATE ON THE BILL WAS ADJOURNED TO AUGUST 10.
SAME PUNISHMENT SOUGHT FOR ATTEMPTED OFFENCES
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A BILL ALLOWING THE COURTS TO IMPOSE THE SAME PUNISHMENT IN RESPECT OF ATTEMPTS, CONSPIRACIES AND INCITEMENTS AS IT MAY IMPOSE IN RESPECT OF THE SUBSTANTIVE OFFENCE, WAS READ A SECOND TIME IN THE LEGISLATIVE COUNCIL TODAY.
MOVING THE SECOND READING OF THE INTERPRETATION AND GENERAL CLAUSES (AMENDMENT) (NO. 3) BILL, THE ACTING LAW DRAFTSMAN, THE HON JAMES FINDLAY, POINTED OUT THAT AN EXCEPTION TO THIS WOULD BE IN THE CASE OF CAPITAL OFFENCES WHERE LIFE IMPRISONMENT MAY BE IMPOSED.
+PUNISHMENT SHOULD BE DIRECTLY RELATED TO THE MORAL BLAMEWORTHINESS OF THE OFFENDER, GENERALLY, THE INEFFICIENT OR UNLUCKY CRIMINAL SHOULD NOT BE ENTITLED TO A DISCOUNT ON THAT SCORE.
+THOSE WHO ATTEMPT OR CONSPIRE TO COMMIT OFFENCES, OR INCITE OTHERS TO DO SO, SHOULD NOT, AS A GENERAL RULE, BE TREATED MORE LENIENTLY THAN THOSE WHO SUCCEED IN IMPLEMENTING THE IR PLANS.
+THIS PRINCIPLE SHOULD GIVE WAY ONLY WHERE THE PUNISHMENT FOR THE SUBSTANTIVE OFFENCE IS DEATH, HE SAID.
DEBATE ON THE BILL WAS ADJOURNED TO AUGUST 10.
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