1 00:00:00,480 --> 00:00:04,640 Speaker 1: Feather Dueloman has introduced its revamped three strikes law to 2 00:00:04,680 --> 00:00:07,320 Speaker 1: Parliament today, but it is quite a watered down version 3 00:00:07,320 --> 00:00:09,119 Speaker 1: of what three strikes used to be. The new law 4 00:00:09,200 --> 00:00:11,559 Speaker 1: is not going to apply to any sentences under two years. 5 00:00:11,640 --> 00:00:13,600 Speaker 1: It's going to wipe all previous strikes. It's going to 6 00:00:13,640 --> 00:00:16,720 Speaker 1: clean slate all the criminals. Nicole McKee is the Associate 7 00:00:16,840 --> 00:00:17,920 Speaker 1: Justice Minister and with us. 8 00:00:17,920 --> 00:00:21,000 Speaker 2: Hey, Nicole, Hi, great to be back with you again. 9 00:00:21,120 --> 00:00:23,560 Speaker 1: Nicole. I can't imagine that you are comfortable with clean 10 00:00:23,600 --> 00:00:25,560 Speaker 1: slating all of these thugs. Why are you doing that? 11 00:00:26,680 --> 00:00:28,680 Speaker 2: Well, we have to, and the reason why we have 12 00:00:28,800 --> 00:00:31,840 Speaker 2: to is because the regime that's about to be introduced 13 00:00:32,080 --> 00:00:33,879 Speaker 2: is going to be different to the one that we 14 00:00:33,920 --> 00:00:36,360 Speaker 2: had in the past, and because of that, it means 15 00:00:36,400 --> 00:00:40,840 Speaker 2: that we cannot carry over people from a different repealed 16 00:00:40,880 --> 00:00:42,280 Speaker 2: regime into a new one. 17 00:00:42,320 --> 00:00:44,320 Speaker 1: Why don't you just make that same, Nicole, make it 18 00:00:44,360 --> 00:00:46,120 Speaker 1: the same so that you can carry it over. 19 00:00:47,320 --> 00:00:49,159 Speaker 2: You know, it would be great if we could make 20 00:00:49,200 --> 00:00:51,120 Speaker 2: it the same, But I think the reality is if 21 00:00:51,120 --> 00:00:53,320 Speaker 2: we do that, it's just going to be repelled again 22 00:00:53,400 --> 00:00:54,920 Speaker 2: and all those criminals who. 23 00:00:54,800 --> 00:00:56,440 Speaker 1: Care let out who cares? 24 00:00:57,280 --> 00:01:00,480 Speaker 2: Labor Wheel here here because we want to make sure 25 00:01:00,680 --> 00:01:03,680 Speaker 2: that victims are looked after and that the real serious, 26 00:01:03,760 --> 00:01:07,160 Speaker 2: repeat sexual and violent offenders are locked up. And what 27 00:01:07,280 --> 00:01:09,480 Speaker 2: Labour has done has basically said the way you mean 28 00:01:09,520 --> 00:01:12,000 Speaker 2: about it was wrong. We're going to let them out 29 00:01:12,160 --> 00:01:14,680 Speaker 2: and we don't want that to happen again. Now, there 30 00:01:14,680 --> 00:01:18,920 Speaker 2: were some genuine concerns about lower level offending being caught 31 00:01:19,000 --> 00:01:21,720 Speaker 2: up in the three strikes regime. Three strikes is meant 32 00:01:21,720 --> 00:01:24,679 Speaker 2: to go after the most serious violent offenders, and when 33 00:01:24,720 --> 00:01:27,160 Speaker 2: you get the low level offending being caught up, then 34 00:01:27,200 --> 00:01:29,479 Speaker 2: you are not actually meeting the intent of the law. 35 00:01:29,720 --> 00:01:32,000 Speaker 2: So we've got to make sure that those people that 36 00:01:32,120 --> 00:01:35,600 Speaker 2: were serving a third strike that had seventy four offenses 37 00:01:35,840 --> 00:01:39,480 Speaker 2: amongst them each as an average, are going to be 38 00:01:39,560 --> 00:01:41,560 Speaker 2: locked up, and this new regime is going to make 39 00:01:41,600 --> 00:01:42,279 Speaker 2: sure that happened. 40 00:01:42,360 --> 00:01:45,320 Speaker 1: Nicole. Let me tell you about Rona Peritomata. He is 41 00:01:45,360 --> 00:01:48,320 Speaker 1: a third striker. His third strike was beating his girlfriend 42 00:01:48,320 --> 00:01:51,840 Speaker 1: to death in twenty nineteen with his bare hands. Under 43 00:01:51,920 --> 00:01:54,480 Speaker 1: your law, he wouldn't even be a third striker because 44 00:01:54,520 --> 00:01:57,120 Speaker 1: his first defense was aggravated robbery, for which he got 45 00:01:57,160 --> 00:02:00,480 Speaker 1: eight months home detention. Strike under the old to strike 46 00:02:00,560 --> 00:02:03,960 Speaker 1: under yours. Second was a robbery, twenty months in jail, 47 00:02:04,120 --> 00:02:06,680 Speaker 1: strike under the old law, not a strike under yours, 48 00:02:06,760 --> 00:02:08,400 Speaker 1: ends up killing his girlfriend. You want to tell me 49 00:02:08,400 --> 00:02:09,760 Speaker 1: he shouldn't be a third striker. 50 00:02:10,680 --> 00:02:13,160 Speaker 2: And I think the changes that we're making to the 51 00:02:13,200 --> 00:02:17,240 Speaker 2: regime where we give sentencing principles to the judges that 52 00:02:17,360 --> 00:02:20,480 Speaker 2: say to them pay you cannot behave in such a 53 00:02:20,520 --> 00:02:23,160 Speaker 2: way that you use the three strikes regime as a 54 00:02:23,200 --> 00:02:27,240 Speaker 2: reason to offer discount some of those issues. 55 00:02:26,919 --> 00:02:28,240 Speaker 1: Of that's not what I'm talking about. 56 00:02:28,320 --> 00:02:31,360 Speaker 2: Want to make sure that the judges that implement the 57 00:02:31,440 --> 00:02:34,040 Speaker 2: law understand the true intent of the law. 58 00:02:34,160 --> 00:02:36,640 Speaker 1: And that's not what I'm doing. That's about the judges. 59 00:02:36,680 --> 00:02:38,400 Speaker 1: That this is not about the judges. 60 00:02:38,600 --> 00:02:42,399 Speaker 2: This is about you, the judge giving out the sentences. 61 00:02:42,560 --> 00:02:44,920 Speaker 1: You have written the law so that our friends are 62 00:02:45,000 --> 00:02:48,359 Speaker 1: Unaptitomata who ends up killing his girlfriend on his third strike, 63 00:02:48,520 --> 00:02:51,079 Speaker 1: never even reaches the third strike under your law. That's 64 00:02:51,080 --> 00:02:52,360 Speaker 1: on you. That's not on the judges. 65 00:02:53,200 --> 00:02:56,120 Speaker 2: Well, actually no, it's not on me. What's on me 66 00:02:56,320 --> 00:02:58,080 Speaker 2: is to make sure that we have a regime in 67 00:02:58,120 --> 00:03:00,880 Speaker 2: the future that's fit for purpose, that be repelled, that 68 00:03:00,960 --> 00:03:02,720 Speaker 2: locks up those serious violent offenders. 69 00:03:02,840 --> 00:03:04,760 Speaker 1: It's the point, Nicole, who cares if you're going to 70 00:03:04,760 --> 00:03:07,760 Speaker 1: give me a piece of legislation, that's a dog who 71 00:03:07,800 --> 00:03:10,079 Speaker 1: cares if it gets repealed or not. It's not work. 72 00:03:10,080 --> 00:03:10,880 Speaker 1: It's not going to work. 73 00:03:11,680 --> 00:03:14,320 Speaker 2: Then I invite everybody who has the same opinion as 74 00:03:14,360 --> 00:03:17,639 Speaker 2: you to take advantage of the Select Committy process. Come 75 00:03:17,720 --> 00:03:20,040 Speaker 2: in and tell us what it is that they want 76 00:03:20,080 --> 00:03:22,520 Speaker 2: to make it stronger, and let's see what we can 77 00:03:22,560 --> 00:03:25,640 Speaker 2: do to accommodate that as we go through that Select 78 00:03:25,639 --> 00:03:28,320 Speaker 2: Committee process. That's why it's so important to have it 79 00:03:28,480 --> 00:03:30,079 Speaker 2: and make sure people have a say. 80 00:03:30,080 --> 00:03:33,120 Speaker 1: Nicole, would you like to actually beef it up? And 81 00:03:33,160 --> 00:03:34,760 Speaker 1: do you need our help to come along to the 82 00:03:34,760 --> 00:03:36,760 Speaker 1: Select Committee process to help you to beef it up. 83 00:03:37,640 --> 00:03:41,040 Speaker 2: The more people that submit and tell us what they 84 00:03:41,120 --> 00:03:44,440 Speaker 2: really want in there, the more that the Justice Select 85 00:03:44,440 --> 00:03:47,560 Speaker 2: Committee will be able to listen and hopefully accommodate them. 86 00:03:47,720 --> 00:03:49,000 Speaker 1: Would you like to beef it up? 87 00:03:50,320 --> 00:03:52,720 Speaker 2: I think that we need to go harsh and hard 88 00:03:52,880 --> 00:03:56,680 Speaker 2: on our criminals, especially those serious violent ones. But I 89 00:03:56,760 --> 00:03:59,040 Speaker 2: also think that we need to have some sort of 90 00:03:59,080 --> 00:04:02,760 Speaker 2: out for the lower level offending. But I also think 91 00:04:02,760 --> 00:04:05,000 Speaker 2: that we need to make sure that the principles of 92 00:04:05,160 --> 00:04:08,440 Speaker 2: sentencing are in place so that the judges do understand 93 00:04:08,440 --> 00:04:11,600 Speaker 2: the intent of the regime and that those really serious 94 00:04:11,600 --> 00:04:13,400 Speaker 2: offenders are locked before I let. 95 00:04:13,280 --> 00:04:15,720 Speaker 1: You go, long time before I let you go. You're 96 00:04:15,720 --> 00:04:18,800 Speaker 1: talking about lower level offending, right, which is offending which 97 00:04:18,839 --> 00:04:22,440 Speaker 1: doesn't capture, which is under two years in jail? Right, Oh, 98 00:04:22,520 --> 00:04:26,640 Speaker 1: mate Tomata, first offense aggravated robbery eight months home d 99 00:04:26,880 --> 00:04:29,400 Speaker 1: Is that low level offending as far as you're concerned. 100 00:04:29,880 --> 00:04:33,200 Speaker 2: Well, when we look at the qualifying offenses, there's a 101 00:04:33,279 --> 00:04:36,479 Speaker 2: list of forty one of them was forty It's going 102 00:04:36,560 --> 00:04:40,279 Speaker 2: to be forty one. And as I mentioned, the principles 103 00:04:40,360 --> 00:04:44,760 Speaker 2: on sentencing guidelines for the judges really spout out in 104 00:04:44,920 --> 00:04:47,680 Speaker 2: this new bill that we're putting through will ensure that 105 00:04:47,760 --> 00:04:51,280 Speaker 2: people that do have offenses like that, if they are serious, 106 00:04:51,680 --> 00:04:55,320 Speaker 2: are sentenced appropriately and then given the strike as a 107 00:04:55,400 --> 00:04:58,799 Speaker 2: part of that, as I mentioned, for people to actually 108 00:04:58,800 --> 00:05:01,599 Speaker 2: come and be a part of the flickmity process, tell 109 00:05:01,640 --> 00:05:04,040 Speaker 2: us what they really think, what they'd really like to see, 110 00:05:04,240 --> 00:05:08,200 Speaker 2: because what people's views are actually matter, and it's how 111 00:05:08,240 --> 00:05:10,159 Speaker 2: we go about making sure we have good legislation. 112 00:05:10,200 --> 00:05:12,320 Speaker 1: Okay, Well, here's hoping you get the support you need, Nicole, 113 00:05:12,360 --> 00:05:13,800 Speaker 1: to make this the thing it needs to be. Thank 114 00:05:13,800 --> 00:05:16,320 Speaker 1: you so much for your tim Nicole McKee, Associate Justice Minister. 115 00:05:17,080 --> 00:05:20,240 Speaker 1: For more from Heather Duplessy, Allen Drive, listen live to 116 00:05:20,360 --> 00:05:23,400 Speaker 1: news Talks. It'd be from four pm weekdays, or follow 117 00:05:23,440 --> 00:05:25,200 Speaker 1: the podcast on iHeartRadio