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Parliamentary Questions


Question Without Notice No. 764 asked in the Legislative Council on 12 October 2021 by Hon Nick Goiran

Parliament: 41 Session: 1

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.