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ABC News
ABC News
National

Parents call for ACT's sentencing laws to be strengthened following fatal crashes

Three families of young people who died in car crashes on Canberra's roads have come together to call for changes to the ACT's sentencing laws.

Warning: This story contains graphic details.

Matthew McLuckie, 20, was killed when a car driving down the wrong side of the road crashed into his on Hindmarsh Drive in May this year.

19-year-old Lachlan Seary died after his car was hit from behind on the Monaro Highway in March of 2021.

Blake Corney, 4, was killed when a truck crashed into his family's car as they waited at traffic lights on the Monaro Highway in July of 2018.

Yesterday their parents Tom McLuckie, Janice Seary and Andrew Corney attended the ACT Legislative Assembly to push for an independent review into sentencing and bail in the territory.

Canberra Liberals police spokesperson Jeremy Hanson and the Australian Federal Police Association have backed their calls.

Mr Hanson earlier used an Assembly motion to issue ACT Attorney-General Shane Rattenbury an ultimatum — agree to order the review by the close of three petitions calling for it, or face a vote of no-confidence.

Mr Rattenbury survived the motion.

Mr Hanson said the outcome of yesterday's debate was disappointing.

"It is inexplicable in my view that the government won't support what the Australian Federal Police Association and victims and their petitioners … have called for," he said.

"It's clear that there has been a loss of confidence from the police and from the community in our justice system, into sentencing and bail, and a review would go a long way in re-establishing that confidence.

"It's disappointing that the Chief Minister and the Attorney-General won't support that, but the fight isn't over. We lost the battle today, but we won't lose the war."

Tom McLuckie, Matthew's father, also expressed frustration with the government's lack of support for the review, as well as the Chief Minister's behaviour in the Assembly.

"I was very disappointed with Mr Barr. There was no mention of the victims, he never has passed on any condolences, he stood with his back to everyone that was there … and showed a general lack of empathy," he said.

"There is a systemic problem with the justice system, and he's put his head in the sand and [is] backing his mate.

"Politics isn't just about the good times and your policies that are successful, it's about addressing them when they're not successful."

'Three arms of government failed us'

Andrew Corney said his experience with the justice system left a lot to be desired, and was made harder as it came after the difficult loss of his son.

"The process we went through – through the courts, the sentence administration board, correctional services – to me, failed us.

"Three arms of government failed us.

"That's not to say there's not some good work — I think the government's response to the coronial [inquest] into Blake's death was excellent — but as far as sentencing and criminal behaviour goes, not enough is being done."

Mr Hanson said while there were a number of factors that judges and magistrates had to take into account when sentencing offenders and considering bail applications, community safety should be chief among them.

"The decisions that are happening need to be effective in keeping our community safe," he said.

"They need to be effective in terms of sentencing, to make sure that people who should be incarcerated are and that people are only allowed out on bail when there is a confidence they won't reoffend on bail, and that's clearly not happening."

Mr McLuckie said according to police the recidivism rate was around 83 per cent.

Mr Corney expressed concern for a focus on reducing recidivism without appropriate consideration for community safety.

"If two people [out of every 10] are rehabilitated, great, but what about the remaining eight? They place the community at risk," he said.

"I'm sure anyone in my shoes would want to take whatever steps you could not to have to see what I've seen again, or ever."

'Really difficult to be part of it'

Mr Hanson said the campaign Mr McLuckie, Ms Seary and Mr Corney were running had put a very necessary debate in the spotlight.

"After the debate, I walked outside and I don't think there were any of the parents that weren't crying", Mr Hanson said.

"It's a very emotive issue. I feel very passionately about it, I know the police feel very passionately about it, and we will keep fighting."

He said taking on a campaign tied to their personal grief was a difficult thing to do, but their work was not in vain.

"You can put yourself in the shoes of any parent, there's a personal toll to be paid here," he said.

"I do hope all of you recognise that you are doing good, that the death of your children is having an outcome.

"We'll keep fighting for the victims, we'll keep fighting for the parents, we'll keep fighting for our frontline police, and we'll keep fighting for a fairer justice system."

Janice Seary said while being involved was difficult, it was worth it for her son.

“It’s been really difficult to be part of it, but it’s not difficult to be there for Lachlan," she said.

Attorney-General Shane Rattenbury said while he had not supported the independent review, that did not mean he was against reforming elements of the justice system.

"I have never said there is nothing to be done in this space, I have indicated the government is working on a number of reforms, we're researching in a number of spaces," he said.

"To those advocates who have raised issues, we've said to them 'we'll have a look at these issues and come back to you.'

"We don't necessarily agree with the exact way or the exact response they want, but we've never said to anybody 'there's nothing to see here'."

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