MEMBER for Northern Victoria Tania Maxwell says reform is needed to ensure “genuine” mandatory sentencing for assaults on emergency service workers.
The Derryn Hinch’s Justice Party MP re-instated her call for changes to Victorian law following last month’s County Court decision to uphold James Haberfield’s non-custodial sentence for a vicious January 2019 attack on two paramedics.
The 22-year-old was spared jail time for the drug-fueled assault, with Judge Michael Tinney finding prison was not appropriate in this case.
“You have avoided prison by the skin of your teeth,” he added.
The appeal followed an original hearing in August, where Magistrate Simon Zebrowski ruled not to send Haberfield to jail due to his age, pre-existing autism spectrum disorder and increased risk of suicide in custody.
During the hearing, the court was told Haberfield had entered a psychotic state following a four-day bender at the Rainbow Serpent festival, where he consumed a mixture of drugs including ice, MDMA and ketamine.
Paramedics attended, with Haberfield punching victim Monica in the face, putting her in a headlock and squeezing, and pinning her to the back door of the ambulance.
Monica told media following the hearing she was still receiving twice-weekly treatment for her injuries and had been diagnosed with Post Traumatic Stress Disorder.
Following the decision that Haberfield will continue to serve only the 18-month community correction order originally applied to him, Ms Maxwell said she was deeply disappointed in the ruling.
She added the outcome of the case vindicated the long held position of her party that a genuine mandatory minimum sentencing regime for assaults on emergency workers could now only be achieved through further legislative reform.
The Andrews and Napthine governments made changes in 2018 and 2014 respectively in attempts to strengthen penalties for those guilty of assaulting emergency workers.
However, Ms Maxwell said it was obvious the current laws were still not strong enough to ensure that Premier Daniel Andrews’ own comments that “if you attack and injure an emergency services worker, jail will mean jail – it’s as simple as that” are being satisfactorily enforced.
“I have made it very clear on multiple occasions, including in parliament on October 16, that changes are required to this area of Victorian law,” Ms Maxwell said.
“On that day, I specifically instigated discussion on the urgent need to better safeguard emergency workers from assaults and to more effectively prevent the perpetrators of such assaults from avoiding mandatory minimum sentences in Victorian courts.
“It should now be clear to everyone that these changes are necessary, and I will continue to fight for them on behalf of Victorian emergency workers and the wider community.”
