Source: Courier Mail (Australia)
Contact:  6 Oct 1998 

ALCOHOL AND DRUGS 'NO EXCUSE' FOR CRIME

ALCOHOL and drug abuse would no longer be considered an excuse for criminal
behaviour under tough new laws to go before State Parliament.

And the criminally insane would be incarcerated for set periods under a
second Opposition proposal which may have Government support.

Under the plan, judges would no longer be permitted to take into account a
criminal's drug or alcohol use as a mitigating circumstance.

Many cases before the courts - particularly property and assault offences -
involve drugs or alcohol and this is often used by defence lawyers in pleas
for leniency.

Victims of Crime Queensland director for support services John King said no
one should receive a lighter sentence because of drug or alcohol abuse.

"They chose to take the drug and they chose to take the alcohol and they
should take responsibilities for their crime," he said.

Shadow attorney-general Lawrence Springborg said the new law, already in
use in Singapore, would force people to accept responsibility for getting
drunk or high on drugs.

"The fact that the offender was drunk or high on drugs at the time the
offence was committed is no comfort whatsoever to the victim," he said.

Mr Springborg said the Opposition would determine community support for the
proposal before introducing it as a Private Member's Bill.

Attorney-General Matt Foley attacked the proposal as another simplistic
attempt by the National Party to confront complex problems in its pursuit
of One Nation voters.

"A person may lose a member of his family, get drunk and in his grief do
something he would normally never do such as commit an assault," Mr Foley
said. "That does not excuse the crime, but to some extent it may explain it."

The Labor Government, however, may support Opposition health spokeswoman
Fiona Simpson's proposal to change rules surrounding the Mental Health
Tribunal and ensure mentally impaired criminals were not released too early
from care.

Ms Simpson said there was growing concern at the apparent ease with which
people were able to be declared of unsound mind.

A spokesman for Health Minister Wendy Edmond said the Government was also
reviewing laws surrounding the Mental Health Tribunal.

Both new proposals have the support of One Nation leader Bill Feldman but
passage of the alcohol and drug laws would depend on support from
Independents Liz Cunningham and Peter Wellington. Mr Wellington will gauge
support for the ideas from his constituents while Mrs Cunningham was
unavailable for comment.

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Checked-by: Pat Dolan