The Minns Labor Government is introducing tough new offences and stronger penalties for public shootings, firebombings, the use of ‘kill cars’ and recruitment of children by organised criminals.
The legislation being introduced to NSW Parliament today will also enhance the court’s ability to consider an accused’s organised crime links in bail decisions and expand the circumstances under which the granting of bail can be temporarily stayed.
The measures target criminals who threaten public safety, torch ‘kill cars’ which have been used to facilitate organised crime and recruit children to commit serious offences.
Cracking down on ‘kill cars’, recruiting children
A new aggravated offence will be created for destroying by fire a vehicle after it has been used to commit serious crimes such as firearms supply, drug trafficking and illicit tobacco offences.
The new offence will be punishable by up to 12 years’ imprisonment, two years higher than the current maximum penalty for destroying or damaging property by fire.
New offences will also be created and penalties strengthened to curb the increasing recruitment of young people by organised criminals to break into premises and steal cars.
The maximum penalty for recruiting a child to engage in criminal activity will increase from 10 to 12 years’ imprisonment. A higher maximum penalty of 15 years will apply if the child is under 16 years.
An aggravated offence, also punishable by up to 15 years’ imprisonment, will be created when a child is recruited for motor vehicle theft or serious criminal activity which is commonly linked to organised crime.
Targeting public shootings, firebombings
The Government is also acting to protect the community following a spate of public shootings as well as firebombings related to illicit tobacco distribution.
An aggravated offence will be created for shooting a pistol or prohibited firearm in public, punishable by up to 14 years’ imprisonment.
The maximum penalty for firing at dwellings or buildings will increase to 18 years and will be expanded to include firing at vehicles.
An additional offence will also be created for arson targeting a business with reckless disregard for others’ safety, punishable by up to 14 years’ imprisonment.
Cracking down on proceeds of crime
The Government is strengthening proceeds of crime laws to help law enforcement seize the criminal wealth of organised networks.
Under the reforms, authorities will have up to five years, instead of one, to seek forfeiture of assets held by people subject to Drug Trafficker Declarations.
The reforms will also ensure wealth hidden or accessed through trusts can be taken into account, closing another avenue used by organised criminals to shield their money.
Additional bail reform
The bill also builds on the Government’s strong track record of bail reform to help keep the community safe.
It will allow a decision to grant bail for certain serious firearm offences and the charge of specially aggravated kidnapping to be stayed for up to three days if the prosecution seeks an urgent detention application.
Currently, the granting of bail can only be temporarily stayed for serious offences such as murder, sexual assault and domestic violence.
The legislation will also put beyond doubt that organised crime connections are a relevant concern when it comes to bail.
It will require courts to consider whether an offence has been committed in the context of organised crime, and any non-compliance with Serious Crime Prevention Orders and Firearm Prohibition Orders.
Making involvement in organised crime an explicit factor in bail decisions will strengthen the ability of the legal system and law enforcement to keep the community safe.
Minister for Police and Counter-terrorism Yasmin Catley said:
“We’re backing police with stronger powers than ever before to disrupt, dismantle and take down organised crime networks.
“It is shocking to see young people lured into committing criminal acts by the promise of quick cash.
“These laws make it clear that this behaviour is reprehensible, cowardly and will result in serious consequences, including the possibility of time behind bars.
“Let me be blunt about who these people are: they are cowards, thugs and parasites.
“We do not want to see this violence on our streets; our community shouldn’t have to tolerate this. Police are working tirelessly to keep people safe and only the Minns Labor Government backs them to do their job.”
Attorney General Michael Daley said:
“These comprehensive reforms will help keep the community safe, and hold organised criminals to account for the destruction and harm they inflict on our streets.
“We are cracking down on gangs who put the community at risk with public shootings and firebombings and tackling the use of stolen ‘kill cars’ to facilitate these crimes.
“We are also strengthening penalties for hardened criminals who recruit children to steal these cars and do their dirty work for them.
“Important changes to our bail framework will also enhance the ability of courts to take someone’s organised crime links into account when deciding if they should be remanded until trial.”