A Tasmanian alderman wants trespass laws reviewed so homeless people aren't targeted.
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The conviction and fine imposed in the Launceston Magistrates Court last week on a man who was homeless and hungry when he got into a shop bin also also has prompted a call for specialist homelessness courts.
Clarence City Council alderman Brendan Blomeley said laws that allowed "a hungry and homeless man to be charged, convicted and fined for taking waste food" should be reviewed.
He has written to Attorney-General, Elise Archer, to request the trespass law be reviewed and possibly amended so that "unintended consequences" can be avoided.
"Homelessness and hunger usually go hand-in-hand and like many others, I was disturbed by the report of a homeless man taking food from a skip bin, being convicted of trespass,'' Alderman Blomeley said.
"I'm not reflecting on the Magistrates Court, instead I'm reflecting on the ludicrous situation where the court seemingly has its hands tied behind its back with little or no flexibility to take into account special circumstances.
"This situation is in some ways similar to last year's debate at the Clarence City Council where I successfully called on council to 'remake' the by-law governing public places, to ensure there are no unintended consequences for people who are homeless and seeking shelter in public spaces.
"As a community, we can, and must, do better, much better."
Australian Lawyers Alliance criminal justice spokesman Greg Barns said the man's conviction highlighted the "urgent need" for specialist homelessness courts.
Mr Barns said it was "outrageous" that police charged the man and homelessness was a social issue not a criminal justice one.
"The increasing criminalisation of homelessness does not help to solve the underlying problems - and often pushes the homeless person even further into trouble," Mr Barns said.
"Specialist homelessness courts are needed in Australia to provide smart and holistic justice that addresses the underlying causes of the offending."
In Auckland, New Zealand and several states in the United States, specialist courts were successfully supporting homeless people while still holding them to account, he said.
"These specialist courts in other countries are showing that this approach can reduce re-offending rates and decrease nights spent in prison and hospital," Mr Barns said.
"Currently homeless people are very poorly served by the criminal justice system in Australia."
Ms Archer said the government has already introduced several reforms to give courts a range of flexible options when dealing with defendants.
"Ultimately, however, the decision to prosecute is a matter for Police and the DPP, and the question of what sentence to impose in an individual case, such as someone being homeless, is a matter for the court to determine what is appropriate," Ms Archer said.
Harry Kourakas, of no fixed address, pleaded guilty to one count of trespass on May 25, 2019 near Wellington Street and one count of failing to appear in court on July 3, 2019.
Kourakas told Magistrate Simon Brown that he had recently been released from jail and was in a bad way and fairly hungry.
"I didn't realise it was criminal," he said.
In sentencing Mr Brown said the "dumpster diving" was not the worst example of the crime of trespass.
"But your record is a far from good one," he said.
After Kourakas turned down the chance to do work orders Mr Brown fined him $250.