Victoria will introduce its version of Queensland’s controversial “adult crime, adult time” laws on Friday, reigniting debate over whether locking up young offenders for longer actually makes the community safer.
The policy, first rolled out in Queensland, allows juveniles to be sentenced as adults for certain serious offences. It was a central election promise that helped Queensland Premier David Crisafulli win government, after a series of high-profile youth crime incidents sparked public anger and street protests.
“You’re never going to eliminate crime but you have to reduce the prospect of someone being the next victim of it,” Premier Crisafulli said.
Supporters of the tougher approach often point to cases like that of Benjamin Cant.
Two years ago, he was attacked by two teenagers, aged 16 and 14, who he did not know. The pair took turns stomping on his head, leaving him with six broken ribs, a punctured lung, a damaged aorta, fractured thyroid cartilage from throttling and multiple broken facial features.
“They also left him there unconscious, lying there covered in blood,” his mother Ella Wilesmith said.
“They took his clothes, they videoed him, they went home, they edited that video, set it to music and uploaded it to social media.”
The older teenager fled to New Zealand and has never been arrested. The 14-year-old pleaded guilty to deprivation of liberty and grievous bodily harm. He was sentenced in the Ipswich District Court to five years’ detention but will serve two and a half years and is due for release in October.
“Two and a half years for taking a full life away from someone else is absolutely offensive,” Wilesmith said.
Benjamin Cant’s case was finalised before Queensland’s “adult crime, adult time” laws came into effect.
The sentencing judge said a longer term would have been imposed if the new laws had applied.
As Victoria prepares to adopt similar legislation, attention has turned to whether the laws have reduced crime in Queensland.
Premier Crisafulli said there are early signs they have, with the total number of victims falling by 7.2 per cent since the laws came into effect. Robbery victims are down 16 per cent and car theft has dropped by 3.2 per cent.
“We’re certainly not claiming the job is done in Queensland. We’ve only started to take the first few steps, but it’s heading in the right direction and that’s pretty satisfying,” Premier Crisafulli said.
But critics question whether the decline can be directly attributed to tougher sentencing.
David Heilpern, a former magistrate who spent two decades sentencing young offenders, said there is no clear evidence that longer detention reduces youth crime.
“The incarceration rate is increasing and youth crime is just continuing on the same path,” Heilpern said.
“Unless they can prove some causative relationship between adult crime, adult time and the crime rate then it’s failing and there’s just no such evidence.”
Those working with young offenders argue prevention should be given equal weight.
Joseph Te Puni-Fromont runs E-Suave, a Gold Coast not-for-profit that works to break cycles of criminal behaviour.
“I appreciate the government trying to do something. But if they’re strong on that stance, they also have to be super strong on balancing that out by early intervention,” he said.
He believes the threat of longer jail sentences may not deter adolescents.
“I don’t think they have the capacity within their developed brain to truly understand the consequences that come with the choices that they’re making in the moment.”
Even victims’ families say earlier intervention is critical.
“Reach these kids before they offend,” Wilesmith said.
“Take them into detention centres as they’re approaching adulthood, take them into a jail.”
“Governments need to get brave, get tough on crime, and by that I don’t mean lock more people up,” former magistrate Heilpern said.
“Start selling the truth, which is we’re going to solve this by taking a longer approach.”
Image: Nine
