Page 5399 - Week 13 - Wednesday, 16 November 2011

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In what instances in the past little while has there been either consideration of or actual appeals in relation to leniency of sentences?

Mr White replied:

Since I have been DPP, there have not been any occasions to consider murder or manslaughter sentences, but we have recently appealed, for example, on a sentence involving sexual assault of a minor …

Those comments and further clarification from the DPP are the matters that I am referring to.

Opposition members interjecting—

MR SPEAKER: Order, members! Mr Doszpot, a supplementary.

Mr Corbell: On a point of order, both Mr Seselja and Mr Smyth have accused me of misleading and consistently misleading the Assembly—

Mr Smyth: No, I said “persistently and wilfully”. I did not use the word “misleading”. You should pay more attention.

Mr Corbell: I beg your pardon—“persistently and wilfully misleading the Assembly”—in this context. They should be asked to withdraw. They know it is unparliamentary and can only be made by a substantive motion.

Mrs Dunne: On the point of order, Mr Speaker, there is actually a motion that passed in this place that accused Mr Corbell of persistently and wilfully—they are the words of the motion—misleading the Assembly. I think that Mr Smyth is on safe ground when he refers back to that motion.

Mr Corbell: On the point of order, just because there has been a motion adopted in the past does not mean the allegation can continue to be made about every comment I make, Mr Speaker. That is in relation to a matter that occurred I think about five years ago. They cannot continue to use that comment in the context of all of my comments and they should be asked to withdraw it or move a substantive motion.

MR SPEAKER: Thank you, members. Mr Corbell is correct in his assertion that the historical passing of a motion does not provide carte blanche for members to make ongoing comments to that effect. Mr Smyth and Mr Seselja, I did not specifically hear that across the chamber. Would you like to withdraw the comments if you—

Mr Seselja: I am happy to withdraw, Mr Speaker.

MR SPEAKER: Thank you.

Mr Smyth: All I said were the words “persistent and wilful”. If you want me to withdraw the words “persistent and wilful” because he feels guilty about it, I am happy to withdraw.


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