Law in Practice: Port Arthur Massacre

Essay Notes
Assumed Question: Evaluate the effectiveness of the legal and non-legal responses to the Port
Arthur Massacre

Legislations

Legislation Summary Effectiveness in relation to gun

National Firearms  Australasian Police Ministers’ Council
Agreement 1996 (Cth) (APMC) held a meeting in May 1996
 Rules and agreements:
Firearms Act 1996 - Separate permit for each gun
(NSW) - ‘Strong’ guns banned (semi-
auto, pump-action, self-
loading)
- Quantity of ammunition
- ‘Personal protection’ not a
valid reason
- Storage requirements
laws
Responsiveness – Effective
 Gov’t responded swiftly – only
one month after massacre
 As a result, no massacres
occurred after the passing of
these laws
 Stats also show amount of gun
related death have declined
(see statistics section)

Gun Buyback Program  $500M spent Resource efficiency - Not

(John Howard)  No questions asked effective…?
 600K guns destroyed (1996-97)  Although the program did
remove so many guns,
criminals would not turn in
their weapons
 Money could have been spent
on mental illness instead

Case Studies

Case Study Summary/Quotes Effectiveness in relation to gun laws

R v. Martin  Initially, Bryant was sentenced to 35 life Ineffective – Justice has not been
Bryant sentences without parole achieved
 Was in maximum security prison
 But in 2006, he was moved to Wilfred Lopes
(Mental Health Facility) – no cells, free to
wander, no prison guards but only doctors
and nurses
 Media Articles
Media Article Summary/Quotes
John Howard – ‘I went In the 18 years before the 1996
after guns, Obama can reforms, Australia suffered 13-gun
too’ – Sydney Morning massacres — each
Herald 2013 with more than four victims — causing
a total of 102 deaths. There has not
been a single massacre in that
category
since 1996.
‘Slow erosion of gun ‘The overwhelming majority of
laws presages another citizens, according to opinion
tragedy’ – Sydney polls, wanted much stronger gun
Morning Herald 2011 laws.’
‘It took one massacre; ‘[National Party member Tim Fischer
how Aus’t embraced says:] Port Arthur we acted on. The
gun control after Port USA is not prepared to act on their
Arthur’ – The Guardian tragedies.’
2016
Statistics
Statistic Summary
Australian Institute of  Sees a 60% decrease (516 to 230)
Criminology Graph (2014) from 1996 – 2014 in gun related
deaths
 More than half the amount of
firearm suicide
 In 1996, 30 unintentional gun
deaths, in 2014, only 3
Effectiveness in relation to gun laws
Effective – Responsiveness
 Cleary shows that the laws
imposed have been effective
 No mass killings since then – the
law put in action has worked
Effective – Meets Society’s needs
 Shows the general public’s fear of
future firearms-related massacres
 The legislations passed ensured
that gun laws were more
regulated to protect society
 Gov’t is effectively and actively
addressing society’s values
Effective – Protection of individual
rights
 [Connect this with USA mass
shootings in statistics section]
 Combined with (insert statistics) in
the US, this shows how law reform
has decreased ‘tragedy’ and
deaths
 Aus’t has acted rightfully so that
their laws have protected
individual rights – no ongoing
deaths
Effectiveness in relation to gun
laws
Effective – Responsiveness
 Sees that the new laws
imposed are effective as the
amount of deaths is
significantly lower – reforms
are effective
 Can also be argued that
firearm related crimes were
already decreasing in the
80s and 90s so new laws
were not necessary
YouGov statistics  Very few believe gun laws should be
removed (<7)
 In total, 61 members of parliament
believe gun laws should be made
even stricter
 22 believe no change should occur
Statistics from the US Highlights that in 2011, there were
Justice Department; 11M+ homicide gun deaths – more
Council on Foreign deaths than terrorism
Relations
Effective – Meets society’s
values
 Values have already been
met as gun deaths have been
decreasing
 Debate under way of how
gun laws should be even
more stricter
 If the laws are put into
action, then gun deaths will
be effectively minimised
 Compared to US’s lack of gun
laws, Aus’t has suffered
much fewer deaths

OTHER FACTORS TO INCLUDE IF POSSIBLE:

Protection of individual rights:

 Shooters Party created

o Rights of shooters or people who wanted to have possession of firearms were
threatened
 Shooters felt they were unfairly targeted – not protecting their rights

NON-LEGAL RESPONSES:

Alannah and Madeline Foundation:

 Effectively raises awareness of violence and helps children to be raised up in a safe

environment
 According to the website:
o Over 2 million children have been reached through our care and prevention
programs
o Meets society’s values – help those in need
o ‘Better Buddies’ program – 95% of principals stated that Better Buddies has helped
create a more friendly and caring school
 The program connects a younger student to an older student who assists
them

Essay Breakdown

Intro:

 Mostly effective
 Reasons are: Responsiveness, Meeting Society’s Needs, Protection of individual rights
 Ineffective: Can be argued justice has not been achieved, also resource efficiency
Body 1

 Discuss effectiveness
 Focus on responsiveness; look at legislations and the media article – ‘I went after guns’,
and the statistics – the AIC graph

Body 2

 Discuss effectiveness
 Focus on protection of individual rights – use media article – ‘It took one massacre’, and
statistics comparing to USA gun laws

Body 3

 Discuss effectiveness
 Focus on meeting society’s values – use media article – ‘slow erosion…’ and statistics from
YouGov

Body 4

 Discuss ineffectiveness
 Focus on resource inefficiency, justice not achieved – Gun Buyback Program, poor
sentencing, and use evidence: The Australian – ‘Face of a killer’ – 1996 where Bryant was
adapted to look more menacing – external influences and bias???
o Also include the negatives of meeting society’s values and protection of individual
right

Conclusion

 Tie up all arguments

 Suggestions: stricter laws