1 00:00:00,280 --> 00:00:02,960 Speaker 1: There's a case you may have heard Pembo talking about 2 00:00:02,960 --> 00:00:06,680 Speaker 1: this morning on five Double a Breakfast, The tragic case 3 00:00:06,760 --> 00:00:11,680 Speaker 1: the murder of Cinnamon Bell, a millicent woman killed by 4 00:00:12,119 --> 00:00:19,400 Speaker 1: her partner, Cody Edwards, who pleaded guilty to manslaughter after 5 00:00:19,760 --> 00:00:24,080 Speaker 1: inflicting over fifty injuries on her body, including stabbing her 6 00:00:24,280 --> 00:00:26,840 Speaker 1: after she was dead. She's a mother of three young children. 7 00:00:26,960 --> 00:00:34,559 Speaker 1: Just absolutely tragic, he claimed, and he had consumed hallison 8 00:00:34,720 --> 00:00:39,320 Speaker 1: nogenic drugs and sentenced to eleven years in jail and 9 00:00:39,360 --> 00:00:42,040 Speaker 1: will serve a non parole period of eight years and 10 00:00:42,360 --> 00:00:46,640 Speaker 1: some months. The defense rested along the use of drugs 11 00:00:46,680 --> 00:00:49,760 Speaker 1: at the time the offense was committed. Well, no one 12 00:00:50,440 --> 00:00:54,360 Speaker 1: made him take the drugs, and eight years to me 13 00:00:54,440 --> 00:00:58,240 Speaker 1: seems manifestly inadequate to be honest for this young woman's 14 00:00:58,280 --> 00:01:01,280 Speaker 1: life and the children who grow up without their mum. 15 00:01:01,720 --> 00:01:04,160 Speaker 1: Kai Mara is State Attorney General, and he's moving to 16 00:01:04,440 --> 00:01:10,039 Speaker 1: ensure this sort of loophole doesn't exist in the future. Attorney, 17 00:01:10,040 --> 00:01:13,319 Speaker 1: good morning, Good morning, Matthew. Just a tragic case. 18 00:01:14,480 --> 00:01:17,640 Speaker 2: It really is a tragic case. And you read about it, 19 00:01:17,680 --> 00:01:20,000 Speaker 2: and you look at what happened in this case, and 20 00:01:20,680 --> 00:01:23,440 Speaker 2: just that the trauma that sin and Bell's family must 21 00:01:23,480 --> 00:01:26,200 Speaker 2: be going through not only losing a loved one in 22 00:01:26,319 --> 00:01:30,319 Speaker 2: such terrible circumstances, but then because of this interaction of 23 00:01:30,400 --> 00:01:33,760 Speaker 2: the laws of self induced intoxication and excessive force in 24 00:01:33,800 --> 00:01:36,840 Speaker 2: self defense, which I'm not sure we've seen the combination 25 00:01:36,920 --> 00:01:39,280 Speaker 2: of these two areas of law like this in South 26 00:01:39,280 --> 00:01:44,440 Speaker 2: Australia before, meaning that the offender was able to plead 27 00:01:44,520 --> 00:01:48,280 Speaker 2: to a charge of mansfield, not murder, just reinforces that trauma. So, 28 00:01:49,520 --> 00:01:52,760 Speaker 2: as you've mentioned, it doesn't sit right with me. I 29 00:01:52,800 --> 00:01:55,680 Speaker 2: don't think it meets community expectations. But it is the 30 00:01:55,800 --> 00:01:58,800 Speaker 2: law as it's written today in South Australia, and we're 31 00:01:58,800 --> 00:01:59,640 Speaker 2: going to look to change it that. 32 00:02:00,240 --> 00:02:02,480 Speaker 1: I suppose when it was drafted it may not have 33 00:02:02,560 --> 00:02:05,520 Speaker 1: been considered that it could become a loophole. I imagine 34 00:02:05,560 --> 00:02:06,920 Speaker 1: that's generally the case. 35 00:02:07,560 --> 00:02:09,880 Speaker 2: Yeah, I reckon that's probably the case. ACTU and you 36 00:02:09,919 --> 00:02:12,440 Speaker 2: had different parts of the laws you're developed differently in 37 00:02:12,480 --> 00:02:15,280 Speaker 2: responding to different situations, and this was the combination of 38 00:02:15,320 --> 00:02:18,720 Speaker 2: a couple of different areas of law together in a 39 00:02:18,800 --> 00:02:22,120 Speaker 2: way that it may not have been I think when 40 00:02:22,200 --> 00:02:24,880 Speaker 2: laws were drafted considered. So yeah, I think it is 41 00:02:24,919 --> 00:02:27,799 Speaker 2: something that most people I don't think it really meets 42 00:02:27,800 --> 00:02:31,320 Speaker 2: community expectations. The court applied the law as it stands today, 43 00:02:31,360 --> 00:02:36,000 Speaker 2: but we've released a draft already of draft legislation to 44 00:02:36,160 --> 00:02:38,640 Speaker 2: change this law and that's open for consultation right now. 45 00:02:38,720 --> 00:02:40,720 Speaker 1: All right, how long before you you put it in 46 00:02:40,800 --> 00:02:42,080 Speaker 1: legislation and get it through. 47 00:02:42,720 --> 00:02:44,840 Speaker 2: Yeah, it is a complicated area of law and as 48 00:02:45,480 --> 00:02:48,360 Speaker 2: different states have different ways that they that they do 49 00:02:48,480 --> 00:02:50,840 Speaker 2: this and the way it interacts. The consultation is going 50 00:02:50,880 --> 00:02:52,760 Speaker 2: to be open for four weeks. We'll have a look 51 00:02:52,760 --> 00:02:54,960 Speaker 2: at the result of that and then aimed to have 52 00:02:55,040 --> 00:02:58,519 Speaker 2: laws in parliament this year. We're aiming for who. 53 00:02:58,360 --> 00:03:01,200 Speaker 1: Do you get consultation back from, because you know, it's 54 00:03:01,280 --> 00:03:03,840 Speaker 1: it's a legal matter. Ultimately, I wouldn't know what to 55 00:03:03,840 --> 00:03:08,359 Speaker 1: say to you in consultation over legislation regarding murder and 56 00:03:08,480 --> 00:03:10,840 Speaker 1: the fine points. 57 00:03:11,040 --> 00:03:14,000 Speaker 2: A really good question on these really complicated areas. Often 58 00:03:14,040 --> 00:03:17,280 Speaker 2: it's it's bodies like the law Society, the Bar Association, 59 00:03:17,960 --> 00:03:21,320 Speaker 2: the police commissioner, the DPP or often on these on 60 00:03:21,400 --> 00:03:24,679 Speaker 2: these compact techno matters, some of the people who put 61 00:03:24,720 --> 00:03:27,760 Speaker 2: into our conflict submissions to our consultation. 62 00:03:27,960 --> 00:03:30,280 Speaker 1: Okay, so you read it what I suppose the experts 63 00:03:30,320 --> 00:03:33,720 Speaker 1: are telling you in the field, yeah, and eat and 64 00:03:33,760 --> 00:03:36,040 Speaker 1: it goes there. Then legislation, So what you reckon early 65 00:03:36,120 --> 00:03:36,560 Speaker 1: next year? 66 00:03:38,160 --> 00:03:40,480 Speaker 2: If it all goes well, we'd hope to have legislation 67 00:03:40,560 --> 00:03:42,000 Speaker 2: in by the end of this year. May be then 68 00:03:42,000 --> 00:03:44,320 Speaker 2: to go through the parliamentary processes all right. 69 00:03:44,200 --> 00:03:47,760 Speaker 1: So it won't be long. Well, that's that's positive excessive 70 00:03:47,760 --> 00:03:50,640 Speaker 1: self defense reform. So what will that look like in 71 00:03:50,680 --> 00:03:53,480 Speaker 1: the future if what you've prepared goes through? Does that 72 00:03:53,600 --> 00:03:57,880 Speaker 1: mean somebody who kills somebody else with drugs without drugs 73 00:03:58,440 --> 00:03:59,200 Speaker 1: just playing out. 74 00:04:00,560 --> 00:04:02,920 Speaker 2: What this is specifically looking at is that area of 75 00:04:02,960 --> 00:04:06,200 Speaker 2: self induced intoxication, that is where you have knowingly and 76 00:04:06,320 --> 00:04:10,320 Speaker 2: deliberately taken something the changes the way your brain works 77 00:04:10,360 --> 00:04:13,280 Speaker 2: and how your actor with the world. That you don't 78 00:04:13,320 --> 00:04:16,719 Speaker 2: get to rely on this partial defense of excessive force 79 00:04:16,839 --> 00:04:20,120 Speaker 2: and defending yourself and a complicated area of metha because 80 00:04:21,800 --> 00:04:24,880 Speaker 2: a survivor of domestic violence who suffered at the hands 81 00:04:25,320 --> 00:04:29,479 Speaker 2: generally of a man for decades can under our law 82 00:04:29,680 --> 00:04:32,120 Speaker 2: use what if it was only in isolated to the 83 00:04:32,200 --> 00:04:35,560 Speaker 2: excessive force. So we want to make sure in changing 84 00:04:35,600 --> 00:04:40,160 Speaker 2: this we're not having unintended quantity intended consequences in other areas. 85 00:04:40,240 --> 00:04:42,640 Speaker 1: Yeah, all right, that's all got to be taken into consideration. 86 00:04:42,680 --> 00:04:46,119 Speaker 1: Appreciate your time, Thank you, Thanks matter. Attorney General Kaim 87 00:04:46,160 --> 00:04:46,280 Speaker 1: Mar