Reckless drivers who evade police will now face tougher penalties for their actions.
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The new laws come more than a year after a 15-year-old boy crashed a stolen vehicle into pregnant Hobart woman Sarah Paino’s car, killing her.
He was fleeing police.
Ms Paino’s death sparked an online petition to toughen police evasion laws in Tasmania, and, on Thursday, the Legislative Council voted to do just that.
Police Minister Rene Hidding introduced the Police Powers and Related Legislation (Evasion) Bill into the Parliament in April.
The legislation addresses the increase in drivers evading police in Tasmania.
It increases the penalty for such offenders.
While drivers who evade police once faced a maximum sentence of 12 months in jail, the new legislation will increase the potential penalties.
In its original state, the amendment bill dictated that offenders would face penalties as follows:
- For first-time offenders, a fine ranging from 10 to 100 penalty units or up to two years in jail;
- For second-time offenders, a fine ranging from 20 to 100 penalty units or up to two years in jail;
- For third-time offenders, a fine ranging from 20 to 100 penalty units or a minimum sentence of six months’ jail (with a maximum sentence of two years’ jail).
It would be the role of the judiciary to exercise its discretion as to whether or not an offender should receive a fine or a jail sentence.
Independent Mersey MLC Mike Gaffney successfully moved an amendment to this particular part of the bill, instead imposing a maximum of four years’ imprisonment for third-time offenders, and removing the provision for a minimum of six months’ imprisonment.
“I believe my amendment strengthens the bill and indicates to the community, and also the judiciary, the seriousness of evading police,” Mr Gaffney told Fairfax Media.
But independent Windermere MLC Ivan Dean, an ex-police officer, disagreed with the amendment, saying police evasion had to be stopped and that mandatory minimum sentences would be the best deterrent.
“Do we allow [evaders] to continue to put you at risk while you’re driving on the roads … or do we do something about it?” Mr Dean said.
Another controversial aspect of the bill was its amendment to the Youth Justice Act, which could see youths aged 14-17 years being dealt with in the Magistrates Court for police evasion offences.
On Tuesday, the government announced it would also seek to increase penalties for people convicted of dangerous driving.
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