Northern Territory Second Reading Speeches

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CRIMINAL CODE AMENDMENT BILL (NO. 4) 2001


Madam Speaker, I move that the bill be now read a second time.

The purpose of this bill is to amend the Criminal Code to provide for an offence of home invasion and invasion of business and to increase the penalty for damage to motor vehicles. The issue of home invasion is not new and to date it has not been considered a separate criminal offence. This bill recognises that people have the right to feel safe in their homes and secure in the running of their businesses; a right to expect that their possessions are safe within the privacy of their homes; a right to earn a living without the inconvenience, disruption and expense incurred by constant break-ins and the senseless trashing of their premises and goods. Unfortunately unlawful entry and vandalism to homes and to businesses is a common and recurring activity. Quite often the damage to property during the break-in does not amount to much in terms of monetary value but it almost always causes emotional distress and disruption to normal family life and business activities. People feel acutely the violation of their personal space and of their personal belongings.

The Criminal Code currently contains offences of unlawful entry and criminal damage, both of which carry a maximum penalty of two years imprisonment. Where one of the aggravating factors currently spelt out in the act exists, the penalty is increased to seven years imprisonment. However these offences do not properly target the type of behaviour that typifies home and business invasion. This bill creates a new offence of home invasion and invasion of business premises. It also provides a definition of damage which makes it clear that damage includes an interference with property that does not necessarily result in destruction of or damage to the property or financial loss to the owner of the property. Damage includes activity such as interfering with property or defacing, despoiling and vandalising property. Some of us have experienced the feeling of violation that results from the discovery that a stranger has entered their home or a business premises and rummaged through personal possessions and confidential files. Finding the contents of every cupboard and draw emptied on the floor or thrown into the street is a truly distressing discovery. It clearly demonstrates that damage does not always have to have a monetary value or involve a permanent loss of property.

The new offences will send a clear message that this type of behaviour will not be tolerated. If a person unlawfully enters a dwelling house or business premises and damages property that person may be charged with home invasion or invasion of business premises and will be liable to imprisonment for seven years. An aggravated form of the offence provides a penalty of a maximum of 10 years imprisonment. This offence relates to the situations where premises have been ransacked or defaced in such a way as to cause emotional distress and serious disruption to a family or to business activity or where the damage results in a loss of greater than $5000. Unlike the current provision of unlawful entry, it will not be necessary to prove that at the time the person entered the premises he or she intended to commit an offence. The essence of the crime here is the encroachment upon the premises themselves.

The bill also addresses the seriousness matter of damage to motor vehicles. Such damage frequently causes financial distress and inconvenience to the motor vehicle owner. As honourable members are aware, aside from the home, a motor vehicle is one of the most expensive items a person will ever purchase. In the Northern Territory they are often an essential item, central to family activity, taking children to school, sporting activities and to medical facilities. The loss of a vehicle through damage even for a short period of time can cause great inconvenience and stress to the family or business. The cost of even minor repairs both in time and in dollars can be a heavy burden.

This bill will amend the Criminal Code to provide for an increased penalty of seven years imprisonment for cases where serious damage is done to a motor vehicle. This offence occurs when either $5000 of damage is done to the vehicle or where an amount of the damage is less than $5000, that is 50 per cent or more of the value of the vehicle. For example, a vehicle that is worth $7000 may have $4000 damage done to it, or a vehicle that is worth $1000 may have $600 damage done to it. Both examples illustrate that the damage is such that it is likely to render the vehicle unusable until repaired and likely to cause financial distress to the owner. Relative to the value of the property, the damage is significant.

We believe that this bill reflects some of the real concerns of the community regarding criminal activity that is occasioned by offenders breaking into people’s homes and ransacking premises. It emphasises that a person’s home should be a place of security and privacy; that the invasion of that privacy is unacceptable to the community and that there should be a severe penalty for such an offence. It is also a reflection that a person is entitled to engage in trade and business in safety and without unnecessary disruption to that business. It is saying to the community in no uncertain terms that unlawful, senseless damage to personal property will not be tolerated.

Madam Speaker, I commend the bill to honourable members.

 

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