Edith Cowan University Research Online Theses : Honours Theses 1992 The Role of the Media in the Introduction of the Crime (Serious and Repeat Offenders) Sentencing Act 1992 Virginia M. Bristowe Edith Cowan University Follow this and additional works at: https://ro.ecu.edu.au/theses_hons Part of the Social Influence and oliticalP Communication Commons Recommended Citation Bristowe, V. M. (1992). The Role of the Media in the Introduction of the Crime (Serious and Repeat Offenders) Sentencing Act 1992. https://ro.ecu.edu.au/theses_hons/1003 This Thesis is posted at Research Online. https://ro.ecu.edu.au/theses_hons/1003 Edith Cowan University Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorize you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. Where the reproduction of such material is done without attribution of authorship, with false attribution of authorship or the authorship is treated in a derogatory manner, this may be a breach of the author’s moral rights contained in Part IX of the Copyright Act 1968 (Cth). Courts have the power to impose a wide range of civil and criminal sanctions for infringement of copyright, infringement of moral rights and other offences under the Copyright Act 1968 (Cth). Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. : ROLE OF THE MEDIA IN THE INTRODUCTION OF THE CRIME (SERIOUS AND REPEAT OFFENDERS) SENTENCING ACT 1992 BY Virginia M. Bristowe A Thesis Submitted in Partial Fulfilment of the Requirements for the Award of Bachelor of Arts (Hons) In Aboriginal and lntercultural Studies Date of submission: 6.11 .1992 ABSTRACT During 1990 and 1991, community anxiety about juvenile crime increased. These concerns were mainly concentrated on the levels of .. , car theft and the accidents, including several fatalities which had resulted from police high speed pursuits of stolen cars driven by · juveniles. Certain sections of the community demanded longer and mandatory sentences to detention for young car thieves. In line with modem criminological research, the policies of the Western Australian government were directed towards seeking alternative strategies to strict detention as sanctions for young offenders. Therefore inspite of the populist community pressure throughout 1991, the government refused to accede to these demands. Based on an analysis of media content during 1991 and juvenile crime statistics, this thesis argues that the mass media played an active part in increasing the anxieties of the public by its extensive, sensational and emotive coverage of the events which occured in 1991. The reporting of juvenile crime in the West Australian did not correlate with the numbers of offences committed. Although coverage increased substantially in the second half of 1991, juvenile crime rates decreased in that period compared with the first six months. The public therefore received a distorted perception that juvenile crime was increasing, and out of control. In addition to newspaper coverage, juvenile crime was discussed extensively on the Sattler File radio talk-back programme. From an examination of tapes and transcripts of this programme, it can be deduced that the presenter encouraged the views that heavy penalties were the solution, and with his active assistance, a Rally for Justice was organised which was attended by 30,000 people. Populist community demands for harsher sentences were resisted by the government, but the forces for change became irresistible when the deaths of Margaret and Shane Blurton and the subsequent emotional Candlelight Vigil acted as catalysts to influence public sentiments further. Events which again, were sensationalized by the media. Despite of considerable opposition based on Legal and Social justice principles, the government introduced and passed the Crime (Serious and Repeat Offenders) Sentencing Act, 1992, a piece of Legislation which directly contradicted the stated aims of the government to reduce the number of juveniles being sentenced to detention and to provide a justice system which would be fair to all sections of the community. (i) DECLARATION I certify that this thesis does not incorporate without acknowledgement any material previously submitted for a degree or diploma in any institution of higher education; and that to the best of my knowledge and belief it does not contain any material previously published or written by another person except where due reference is made in the text. Signature: Date: .... IP.{~.~ .. !.t~.......................................... USE OF THESIS The Use of Thesis statement is not included in this version of the thesis. ACKNOWLEDGEMENTS I have so many people to thank for the assistance and encouragement they have given me while this thesis was being written. · Firstly, my Supervisor, Dr. Anne Atkinson who inspired, stimulated and supported me, In addition to imparting generously of her wisdom and expertise. It was a measure of her success as a Supervisor that I always came away from our meetings feeling enthusiastic and positive however despairing I might have been beforehand. I should also like to thank the extremely knowledgeable and dedicated people I interviewed. Though they all led busy lives, they gave generously of their time and provided me with invaluable insights into the areas of the Juvenile Justice System. These included Ian Alexader MLA. who also provided me with valuable written materials, Paul Murray, editor of the West Australian, Howard Sattler, Diana Warnock, Rev. George Davies who lent me extremely useful tape recordings from his collection, and from the Legal Aid Commission, both Robert Lindsay and Kate Stockwell helped me enormously with explanation of the Courts and Legal System in W.A. Additionally I gained interesting insights into Police/Media Relations from John Oakford, the WA Police Department Media Liaison Officer. Many other people helped me with their advice, ideas and information and I would like to thank them all for their generosity and kind encouragement. I received invaluable assistance from Priscilla Bosimin and Tim Roberts with the manuscript and Tables, both of whom were endlessly patient when I changed my mind about things. Finally, my undying gratitude to Alec Goldfinch who put up with my ill­ tempered moods, sketchy cooking and the house being ankle deep in assorted paperwork, and who made me many cups of coffee and never complained once. (iii) TABLE OF CONTENTS PAGE Abstract (i) Declaration (ii) Acknowledgements (iii) List of Tables (iv) Chapter 1. INTRODUCTION Background 1 Significance of the Study 6 Aims of the Study 7 Method of Investigation 9 Review of the Literature 13 2. JUVENILE CRIME IN WESTERN AUSTRALIA 27 Extent of Juvenile Crimes in Western Australia 27 'At Risk' Youth in Western Australia 41 Repeat Offenders and Recividism 48 Aborigines and the Law 54 Aboriginal Youth in the Justice System 59 3. WESTERN AUSTRALIAN GOVERNMENT POLICIES AND STRATEGIES FOR CONTAINING JUVENILE OFFENDERS 66 Government Agencies and Juvenile Offenders 67 The Western Australian State Government and Juvenile Justice 69 Juveniles and the Judiciary 71 The Department of Community Services and Juvenile Offenders 74 Juveniles and the Police 78 PAGE Chapter 4. THE ROLE OF THE WESTERN AUSTRALIAN AND THE RADIO PROGRAMME SATILER FILE IN THE JUVENILE JUSTICE DEBATE 83 The coverage of Juvenile Crimes by the West Australian 89 Methods of Analysis 90 The Role of Howard Sattler in the Juvenile Justice Debate 102 5. THE FORCES ON THE WESTERN AUSTRALIAN GOVERNMENT IN FAVOUR OF, AND OPPOSING THE SENTENCING ACT 1992 The Influence of the Media on the Community 115 The Rally for Justice and Candlelight Vigil 120 The Influence of the Media on Politicians 124 Opposition to the Sentencing Act 1992 131 6. CONCLUSION 136 _APPENDICES 137 BIBLIOGRAPHY 145 Unpublished Primary Material 145 Government Reports and Statements 145 Legislation 147 Parliamentary Debates (Hansard) 148 Newspapers and Periodicals 149 Audio Tapes 153 Interviews 154 Non-Government Material 155 Unpublished Secondary Material 155 Journal Articles 156 Books 159 LIST OF TABLES TABLE NUMBER PAGE 1. Young people appearing before Children's Court/Panel 1984-1991 34 2. Number of individual young people before Children's Court - July 1990-December 1991 35 3. Number of individual young people before Children's Panel - July 1990-December 1991 36 4. Number of Finalised charges dealt with by Children ·s Court/Panel 1984/85 to 1990/91 37 5. Number of Finalised charges in Children's Court by charge type - July 1990-December 1991 38 6. Cases of Stealing, Break and Entry and car theft 1987 -1991 40 7. Patterns of Recividism, Children's Court Frequency of Appearances. Years ended 30 June 1989-1991 49 8. Patterns of Recividism July 1990 to December 1991 50 9. Persons aged 10-17 in Juvenile corrective institutions in Australia as at 30 June 1991 51 10. Juvenile Males aged 10-17 in corrective institution in Western Australia as at 30 June for each year 1982-1991 52 11. Distribution of length of detention orders 54 12. Percentage Aboriginal participation rates in education 1988 58 13. Aboriginal Juvenile offenders as a proportion of of total offenders in categories of the juvenile Justice System in W.A. 1988/89 61 TABLE NUMBER PAGE 14. Aboriginal Juveniles represented in detention January 1991-December 1991 64 15. Court appearances per 1,000 juveniles (1988) 72 16. Official Police contacts per 1,000 juveniles (1988) 79 17. Monthly coverage of Juvenile Crime in the West Australian 1991 89 18. Articles on Juvenile Crime in the West Australian April 1991 94 CHAPTER ONE INTRODUCTION Background In January 1992 the West Australian Parliament was hastily reconvened to allow members to discuss and pass two Bills.