People found guilty of manslaughter of a child will face longer behind bars, Attorney-General Yvette D'Ath says.
Subscribe now for unlimited access.
or signup to continue reading
It comes after a report by the Queensland Sentencing Advisory Council found sentences for the manslaughter of a child were inadequate and did not adequately reflect the unique and significant vulnerabilities of children.
Following a 12-month review, QSAC has recommended a new aggravating factor be applied by Queensland courts when victims of manslaughter are under 12 years of age, which would increase the lengths of sentences.
Courts would have to treat the defencelessness of the victim and their vulnerability as an aggravating factor.
However, the council rejected the idea of introducing minimum mandatory sentences due to the variability in different cases.
Ms D'Ath said the Queensland government would accept all QSAC's recommendations.
She also announced the government would widen the definition of murder, of adults or children, where it included a reckless indifference to human life.
"We want to see the punishment fitting these very serious crimes, these gut-wrenching, heart-breaking crimes of young children, dying at the hands, most of the times, of their parents or carers," she said.
"[This sends] a clear message to those who have a callous disregard for human life where it leads to the death of a child, that if convicted, you will face life imprisonment."
The element of "reckless indifference" is also present in jurisdictions, such as NSW.
"For example, a person who sexually abuses a child so badly that the child dies can now be charged with murder, not manslaughter," Ms D'Ath said.
"The changes will also capture those who abuse and neglect the elderly and people with disabilities so badly that they die."
Offenders sentenced for adult manslaughter received jail sentences of 8.5 years on average, compared with 6.8 years for child manslaughter.
Council chair John Robertson said the present sentences for the manslaughter of a child were inadequate, however, he did not provide examples of how many extra years offenders should face.
"It's an offence that causes horror in the community," he said.
"These cases are, as you know, truly horrific."
Mr Robertson said the recommendations were no criticism on the courts, and it was clear that judges often agonised over sentences.
"It's a very narrow sentencing band that we're thinking about here, in fact our research shows that sentences for child homicides over the last 30 years have been relatively constant," he said.
Legislation will be introduced into the Queensland Parliament early next year.
The LNP had proposed a new offence of child manslaughter that would include a mandatory 15-year jail penalty.
The LNP would also increase the minimum non-parole period for the murder of a child under 18 from 20 to 25 years.
However, Ms D'Ath said it would not take into account specific circumstances.
"They are capturing the woman who has suffered from severe depression, isolation, and gives birth to a baby on her own on a bathroom floor, believes that child has died and so doesn't seek any medical assistance," she said.
"You've got to give the discretion to the court under manslaughter."
QSAC also recommended the government review the serious violent offence scheme, and prosecutors inform a victim's family members are informed of each major decision about the case.
