Ballina Shire Mayor Sharon Cadwallader says she will lead a peaceful community gathering outside Ballina Court on Friday as part of a community push for tougher sentencing for repeat offenders.
The protest will take place at the same time as a juvenile is due to appear facing charges in relation to a recent home break-in at Lennox Head in which a family was allegedly terrorised with knives.
Mayor Cadwallader said, ‘The purpose of our gathering is to send a clear message that enough is enough. Unless offenders are held in custody there are no laws that mandate offenders into educational programs. A change to these laws is well overdue.
‘I have also taken the unprecedented step of writing to senior police and the Chief Magistrate of the NSW Children’s Court advising of the demonstration and the community’s concerns,’ she said.
‘It is essential for me to advocate the strong message from the Ballina Shire community about the growing impact of these crimes, particularly on Lennox Head residents who have been heavily targeted in recent times.’
Crime concerns
The protest planned for Ballina Courthouse at 10am on Friday morning comes ahead of another public crime meeting planned for the Lennox Head Cultural Centre on Saturday evening, with leaders calling for officials to put the safety of the general community ahead of the welfare of criminals.
Mayor Cadwallader said break and enter crimes are the most significant issue concerning the community, disrupting lives and undermining peoples’ sense of safety and security.
‘While I recognise that the decision to refuse bail lies with the Magistrate, I feel compelled to highlight the importance of considering community expectations when determining sentencing for these cases.
‘Section 22C(1) of the Bails Act 2013 provides that a bail authority (including a police officer) must not grant bail to a relevant young person for a relevant offence while the person is on bail for another relevant offence unless the bail authority has a high degree of confidence the young person will not commit a serious indictable offence while on bail subject to any proposed bail conditions.
‘Furthermore, Section 22C(2) provides that a decision under 22C(1) may only be made after an assessment of bail concerns is made and consideration of whether any bail conditions could reasonably be imposed to address any bail concerns of risk the relevant young person will commit a further serious indictable offence.’
Demand exceeds capacity
Mayor Cadwallader said, ‘My understanding is that offenders cannot be compelled to participate in diversion programs unless they are in custody. While these programs have demonstrated their effectiveness, such as the highly successful ‘Backtrack’ program and the promising ‘Northtrack’ initiative in the Northern Rivers region, it is concerning that resources are stretched, and demand exceeds capacity.
‘Greater funding and resources are urgently needed to expand these initiatives and I intend to advocate for this with relevant State and Federal Ministers in due course,’ she said.
‘I hope to see sentencing outcomes that not only reflect the gravity of these offences but also serve as a deterrent to future youth crime activity and community expectations,’ said Mayor Cadwallader.
Another view of the issue
Ballina Cr Kiri Dicker told the Echo, ‘People in my own community of Lennox Head have every right to be fearful after a recent spate of break and enters, and perpetrators should be held accountable to the full extent of the law, however a local mayor seeking to influence the decision of a magistrate in the sentencing of a child is unhelpful and completely inappropriate.
‘Children’s courts are closed for good reason, because these matters are sensitive and confidential,’ said Cr Dicker.
‘The mayor’s claim that children should be locked up… so that they can be compelled to access diversionary programs is contradictory and senseless. Diversionary programs are designed to keep children out of custody, not in custody.
‘In the court system, putting children in custody is considered an absolute last resort, because it achieves poor rehabilitative outcomes for children and leads to a lifetime of entrenchment in the adult prison system. Whether a last resort is necessary for particular perpetrator is a matter for the courts, not local councillors.’
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