BILLS - SECOND READING DEBATE: Criminal Legislation Amendment (Knife Crimes) Bill 2023

27 June 2023

Mrs SALLY QUINNELL (Camden) (15:07): I am pleased to speak in support of the Criminal Legislation Amendment (Knife Crimes) Bill 2023. The bill will double the penalty for the offences of possessing a knife in a public place or school and wielding a knife in a public place or school. As the Attorney General outlined when he introduced the bill, the reforms in the bill seek to reduce the risks posed by the possession and use of knives in public places and schools across the State. For offences relating to knife crime, the bill doubles the maximum imprisonment from two years to four years. The maximum fine for possessing a knife will also double to $4,400, while the penalty for wielding a knife will jump to a maximum fine of $11,000. As a result of the reforms in the bill, New South Wales will have the largest maximum penalties for knife offences in the country. The bill ensures that the Government is taking real action in response to serious knife-related incidents that have occurred across New South Wales.

The reforms undertaken by the Government reflect the fact that knife offences can have significant and everlasting consequences for victims and their families. Unfortunately, knives can be and have been used to devastating effect in communities across the State. As the Attorney General pointed out, perpetrators of knife crime have very high rates of recidivism, increasing the risks to the community of knife crimes in the future. Deliberate acts of knife-related violence against members of the public are unacceptable. Knife-related violence can lead to tragedy and unacceptable harm to members of the community and their families. It is critical that the penalties for the harm caused by knife-related offences meet community expectations. As the Attorney General explained, the Government does not feel that the current maximum penalties for the use of a knife in a public place are sufficient, and as a result is doubling maximum penalties for these offences.

All of us in this place want members of the community to always feel safe. It is incumbent on us as a Government to make sure that this occurs. People must feel that they can live their lives without fear. Knives do not belong on the street. They make people feel unsafe. Knives also do not belong in schools. Our kids must feel safe and supported to learn and grow at school. Teachers and education staff must also feel safe when performing the vital work of supporting kids' education. They cannot do that in an unsafe environment. Schools must be places of safety and respect, and these principles are paramount to ensure a thriving education sector across the State. It is important also to respect the deeply held religious beliefs of those in the community. That is why I am pleased that the bill makes exceptions for religious purposes.

Understandably, there is considerable angst in the community surrounding recent high-profile tragic events involving knives that have occurred across the State. As a result, the Government has decided to act to prevent an escalation of knife offences and to prevent knife offences across the State. It has been pointed out that the Government is proposing these new measures while the NSW Sentencing Council is undertaking a review of knife offences. However, it is imperative for any government to take any immediate action necessary to keep people safe. The proposed reforms to increase penalties will be complemented by any reforms and recommendations proposed in the Sentencing Council's review when it is complete. Moreover, the bill does not undermine the Sentencing Council's review or seek to influence it in any way.

These reforms also do not target specific vulnerable groups. Rather, they seek to better recognise knife possession and knife-related crime as a problem in society, ensure that people who commit such crimes face appropriate penalties, and make sure that sentencing laws in relation to these crimes remain in line with community expectations. Members on this side of the House acknowledge that tougher criminal sentences have a disproportionate impact on Aboriginal and Torres Strait Islander peoples in society. That is a risk with any such proposal. That is why police may still issue penalty infringement notices for offences of custody of a knife in a public place or school when the person has not previously been dealt with for a knife-related offence. Penalty notices will ensure that courts are not overwhelmed after the bill comes into effect, and that offenders are not sent to jail for minor or first-time offences.

The Government will ensure that any changes to maximum penalties and sentencing outcomes will be scrutinised intensely to monitor any impact on Aboriginal and Torres Strait Islander people. The reforms in the bill send a clear message that the use or carry of knives in a public place or school will not be tolerated. To ensure that young people will not be impacted disproportionately, sentencing courts will still have discretion and the existing principles for sentencing juvenile offenders, which place an emphasis on rehabilitation services rather than deterrence and retribution. Those programs will continue to apply. In addition, the bill makes no changes to the Young Offenders Act 1997, ensuring that people under the age of 18 will continue to be dealt with under the Act for such offences. A person under the age of 18 may still be given a caution or referred to a Youth Justice Conference.

These reforms are necessary. They do not overreach, nor seek to rapidly increase the number of people in prison or other justice services for knife-related offences. Instead, the Government seeks to deter crime, ensuring that people in the community feel safe, no matter where they are. The safeguards in the bill ensure that young people, Aboriginal and Torres Strait Islander peoples, and other vulnerable groups will be protected. The bill does not seek to target them unfairly through tougher sentencing. It provides other avenues for minor and first‑time offences. The bill is a crucial step in disincentivising knife crimes across the State after several recent horrific incidents. The Government is taking appropriate steps to ensure tough disincentives for knife offences in New South Wales. The bill ensures that there is a range of avenues in the system to support people who may commit minor offences or are first-time offenders. Support systems are also in place to help young people. Overall, the bill is an appropriate response to a recent spate of offences across the State. I commend the bill to the House.