XN000022-1986-03-12 — Page 9

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WEDNESDAY, MARCH 12, 1986

+THE OFFENCE OF HANDLING STOLEN GOODS UNDER THE THEFT ORDINANCE, WHICH COULD INCLUDE MONEY OBTAINED BY DECEPTION, HAS A MAXIMUM PENALTY OF 14 YEARS.+

THE MAXIMUM PENALTIES FOR OTHER FRAUDULENT OFFENCES UNDER THE THEFT ORDINANCE SUCH AS OBTAINING PROPERTY BY DECEPTION WERE GENERALLY IN THE REGION OF 10 YEARS, MR THOMAS SAID.

HE POINTED OUT THAT AS CONSPIRACIES TO DEFRAUD OFTEN INVOLVED THE COMMISSION OF SEVERAL SUCH FRAUDULENT OFFENCES, A HIGHER PENALTY WAS CONSIDERED APPROPRIATE.

+INDEED, IN A RECENT CASE OF CONSPIRACY TO DEFRAUD WHICH INVOLVED IN EXCESS OF $30 MILLION, THE MAXIMUM PENALTY WAS IMPOSED AND THE JUDGE CRITICISED THE FACT THAT THE POWER OF THE COURTS WAS LIMITED TO A SEVEN-YEAR TERM OF IMPRISONMENT, + HE NOTED.

MR THOMAS SAID THE BAR ASSOCIATION AND THE LAW SOCIETY HAD BEEN CONSULTED AND HAD NOT OBJECTED TO THE PROPOSAL TO INCREASE THE MAXIMUM PENALTY.

HOWEVER, HE ADDED THAT CONCERN HAD BEEN EXPRESSED BY SOME MEMBERS OF THE BAR THAT THIS PROPOSAL MIGHT ENCOURAGE THE GREATER USE OF THIS OFFENCE BY PROSECUTORS WITH THE CONSEQUENT RISK THAT CONSPIRATORS MIGHT RECEIVE HIGHER SENTENCES THAN THEY DESERVED,

MR THOMAS ASSURED THAT THE PROSECUTORS WOULD CONTINUE TO ADVISE THAT THE MOST APPROPRIATE OFFENCES SHOULD BE CHARGED.

+ANYHOW, THE COURTS SHOULD IN EVERY CASE IMPOSE THE SENTENCE WHICH THEY THINK TO BE APPROPRIATE TO THE PARTICULAR CIRCUMSTANCES, SUBJECT ONLY TO THE MAXIMUM, HE SAID.

DEBATE ON THE BILL WAS ADJOURNED.

CHANGES TO TREATMENT OF ADDICTS PROPOSED

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CHANGES TO THE ARRANGEMENTS FOR THE TREATMENT OF DRUG ADDICTS WERE CONTAINED IN A BILL INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE DRUG ADDICTION TREATMENT CENTRES (AMENDMENT) BILL 1986, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS. SAID THE BILL WAS BASED ON RECOMMENDATIONS OF A WORKING GROUP APPOINTED BY THE COMMISSIONER OF CORRECTIONAL SERVICES IN 1984 TO REVIEW THE OPERATION OF THE DRUG ADDICTION TREATMENT CENTRES ORDINANCE AND ASSOCIATED TREATMENT PROGRAMME FOR DRUG ADDICTS.

/HE SAID