‘We owe it to people like Jessica’: Victoria considers decriminalising begging after brutal killing

The brutal killing of a woman who was forced by her abusive partner to ask strangers for food and money has prompted the state government to consider decriminalising the act of begging.

While NSW, Western Australia, Queensland and Tasmania have all abolished the offence, “begging and gathering alms” can still land people in prison for up to a year in Victoria.

At least 10 people are charged in Victoria annually, according to the Crime Statistics Agency, a dramatic drop since the years leading up to COVID-19 when it was more than 150 a year.

But efforts to minimise policing could be undermined by local councils hiring private security guards to grapple with complaints about antisocial behaviour.

Under pressure from the Legalise Cannabis party, Attorney-General Sonya Kilkenny has asked the Department of Justice and Community Safety to consider abolishing the offence.

A government source – speaking anonymously to be frank – said the possibility had been considered for years but tended to be crowded out by other priorities in the justice area, particularly given police responses had softened. Plans to crack down on retail crime and bail changes have taken focus, with possible sentencing reform also on the way.

Begging also remains a crime in South Australia (punishable with fines but not prison) and the Northern Territory. Begging was never a crime in the ACT.

Legal and community advocates, a parliamentary inquiry and the United Nations have all called for begging to be decriminalised.

They were joined in June by Victorian Coroner John Cain, who recommended the state move away from policing it.

He was making findings into the death of 27-year-old Jessica Geddes, killed by her abusive partner, Robert Rickerby, in Endeavour Hills, south-east Melbourne, in November 2020.

The Coroners Court heard Rickerby forced Geddes to beg for food, cigarettes and money. Her Centrelink payments were also diverted to his account, suggesting she needed to beg to survive.

While police received 36 public order complaints about Geddes in the 18 months before she was killed, mostly about her begging, she usually left the scene before officers arrived.

When police did speak to her, they moved her on and told complainants to call again if she returned.

Cain, careful not to criticise police for abiding by their policies, said officers seemed to treat her begging as an individual issue rather than considering it in the broader context of family violence reports. A different response could have helped engage her with services, he said.

“Instead of being afraid of getting in trouble from police, Jessica could have received referrals to get assistance with housing, substance use, mental/physical health and family violence,” Cain found.

Begging is a symptom of poverty, the court heard, generally driven by family violence, mental health and substance abuse. A law-and-order response does not address the root causes, Cain said.

“Moral issues aside, there appears to be limited evidence to support criminalisation of begging.”

Legalise Cannabis MP Rachel Payne said the law as it stood criminalised poverty and entrenched inequality. She has introduced a bill to abolish the offence in Victoria and pressed Kilkenny in the Victorian parliament.

“We owe it to people like Jessica and to those who, instead of being offered a helping hand, were told to move along,” she said. “So I ask: will the attorney-general take steps to stop the criminalisation of begging in Victoria?”

In a written response to Payne, Kilkenny gave her sympathies. She said the government had worked hard to support victim-survivors of family violence but knew there was more to do.

“I have asked my department to consider your suggestion,” Kilkenny said.

Ashleigh and his beloved support dog Tiger often spend their days asking for help from passersby in the CBD.

Police have been good to them lately, as are most businesses. But Ashleigh said the City of Melbourne’s new private security guards had been making life difficult.

He said they had moved him on and threatened him with a fine, suggesting he sit across the street where there is less foot traffic. Ashleigh said that could make the difference of whether he rustled up enough for the night or not.

It just makes the day longer and harder.

“I’ve met a lot of beautiful people being out on the street and also the opposite people that call me scum as they walk past us ... I’m really trying to change my life, so I degrade myself and beg,” he said.

The coroner said Victoria Police had shown an appetite to change approaches with the City of Melbourne, but that this could be overshadowed by the council’s decision to hire private security.

Lord Mayor Nick Reece said the council treated vulnerable people with dignity and respect, and aimed to link them with services.

“While begging is illegal in Melbourne, our focus is on helping people find permanent pathways out of homelessness and connecting them with vital support services,” Reece said.

“As a last resort, our local laws officers – sometimes with Victoria Police – may move people on from certain areas, but only after repeated warnings and when ongoing breaches impact local amenity.”

A Victoria Police spokeswoman said enforcing begging laws was always the last resort.

“When police come across someone who is begging, our top priority is ensuring they have access to essential support services,” she said.

In a statement, Kilkenny confirmed she had sought advice from her department.

“I send my deepest sympathies to Jessica’s family,” Kilkenny said. “Every death resulting from family violence is a tragedy, and the Coroners Court plays an important role in advising on critical prevention opportunities.

“Begging is a complex issue and I have asked my department to provide advice.”

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