CRIMINAL CODE — AMENDMENT — PREGNANT
VICTIMS
764. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I refer to the recent tragedy
involving the alleged murder of Ms Janet Dweh, who was just weeks away from
giving birth, as well as calls by her relatives for her death to be treated as
a double murder and Superintendent Wilde's comment that current laws
limit the scope of what police can do regarding the death of Ms Dweh's
unborn child.
(1) Will the
Attorney General consider amending the Criminal Code so that the law can
properly recognise the gravity of the offence committed and the full extent of
the loss suffered in such cases?
(2) If not, why not?
Hon
MATTHEW SWINBOURN replied:
I thank the member for some notice
of the question.
At the outset, I pass on my
condolences to the family of Ms Dweh for their tragic and unfortunate loss.
(1)–(2) The
Attorney General is unable to comment on ongoing criminal investigations.
Speaking generally, the Restraining Orders and Related Legislation Amendment
(Family Violence) Act 2016, which passed Parliament
in 2016, amended the Criminal Code to extend the concepts of bodily harm and
grievous bodily harm to apply to a pregnant woman's unborn
child. The then Attorney General stated in a media release dated 17 November 2016 that under the legislation
a person who intentionally caused grievous bodily harm to a pregnant
woman resulting in the loss of her pregnancy would face up to 20 years'
imprisonment, and a person who caused
grievous bodily harm to a woman's unborn child in other circumstances
could be jailed for up to 14 years.