alot of mucking around over 9kph over the limit

[ReaperSS]

I often read through " latest criminal judgements" some funny things and sad to see hardcore filth getting away with slaps on the wrists because of past sad sorry lives.

This ones an interesting one. So much effort to go through just to get off a 9 kph speeding fine...
http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/judgment.xsp?documentId=28B3D4F409C0DD4E48257C1A00 1DDF6D&action=openDocument&SessionID=DMGHECY53U

[Damo 69]

LOL GTFO waste of government money lol

[sensei_]

so appeal dismissed, any more charges besides the original $75 fine?

[Tre-Cool]

it's pretty smart, no matter how dumb it seems.

fill the court/legal system up with stupid traffic cases, see how long it takes before judges have enough and either blanket dismiss or close them down.

[d1mitch]

she seems like a complete idiot... she went in there with the argument i wasnt speeding becasue i wouldnt be speeding that close to the traffic lights... judging by how most women drive im guessing she didnt even know she was in a car at the time of the infringement let alone what she was doing at the time.

[MadDocker]

That area of road is usually fucked in peak hour. She probably was speeding if she got pinged but wouldn't be common to be cruising down there at 80km/h in peak hour traffic.

[protecon]

Why is she Ms Bond when her husband is Mr?

[d1mitch]

because secret agents...

[Bomber]

That area of road is usually fucked in peak hour. She probably was speeding if she got pinged but wouldn't be common to be cruising down there at 80km/h in peak hour traffic.
It would be if she was gunning it to make a turn arrow.

[ReaperSS]

Hows this one...
"The victim ran to the driver's side of the police vehicle with a view to removing the appellant. However, the appellant put the vehicle into reverse gear and accelerated. The open door struck the victim. He was dragged backwards by the vehicle and fell to the ground. The victim struck his head on the road surface and became unconscious. The appellant fled the scene in the stolen police vehicle"
Fucked the cop up and all the other stuff and gets a slap on the wrist
Here is the link..

COLBUNG -v- THE STATE OF WESTERN AUSTRALIA
http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/judgment.xsp?documentId=5E3C58877DC8552A48257C1B00 0B9848&action=openDocument&SessionID=DMIBC4BRWA

[MadDocker]

Because Colbung...

[ossie_21]

That's fucked! Surely this -
The appellant had a dysfunctional upbringing., gets outweighed by this


The appellant has an extensive and serious prior criminal record. The record comprises 11 pages. His previous convictions include aggravated armed robbery, aggravated robbery, aggravated burglary (27 offences), reckless driving, stealing a motor vehicle and driving recklessly (three offences), stealing a motor vehicle and driving dangerously, stealing a motor vehicle (16 offences), stealing (multiple offences), driving a motor vehicle without an authority to drive (multiple offences), common assault (multiple offences), wilfully and unlawfully destroying or damaging property, being armed or pretending to be armed in a way that may cause fear, breach of protective bail conditions, breach of bail and a number of other traffic offences.

"His mum was an alcoholic and his daddy beat him, it's not his fault he's like this". How about he's locked up in jail for life or better yet just killed off so he can't breed and have the same thing happen with his kids, which is exactly what's happening with thousands of other fucked up families. Fuck I wish scum would just be recognised as scum

[Baron]

Fucked the cop up and all the other stuff and gets a slap on the wrist


Received 7 years 6 months... not exactly a slap on the wrist.

[ossie_21]

Received 7 years 6 months... not exactly a slap on the wrist.

For that crime, 2 years & 9 months is a slap on the wrist

[Baron]

Did you read the judgment, or just the beginning and end?

As noted, the maximum penalty for 'doing an act as a result of which bodily harm is caused to any person' is 7 years, and for 'stealing a motor vehicle, and wilfully driving the vehicle in a manner that constitutes the offence of reckless driving' is 8 years. If someone does both of those things together, you don't then give them 15 years.

The overall sentencing had to be proportionate to the totality of the offences.


Ipp J in Jarvis v The Queen: The overriding principle is accordingly that the aggregate sentence (even when punishment is being imposed for multiple offences) should fairly and justly reflect the total criminality of the offender's conduct: Veen v R (No 2) (1988) 164 CLR 465.

What then is the explanation for the phenomenon that it is not unusual for an overall term of imprisonment to be reduced even though the individual sentences are proportionate to the gravity of the particular crimes for which they were imposed? In my opinion the reason for such a reduction is that the severity of a term of imprisonment increases exponentially as it increases in length. Thus, for example, whereas a sentence of 7 years may be appropriate for one set of crimes and a sentence of 8 years may be appropriate for another set of crimes, a sentence of 15 years for both sets may be out of proportion to the degree of criminality involved, simply because of the additional severity brought about by the significantly longer period the defendant will be required to spend in prison.

To put it another way, the circumstances surrounding Colbung hitting the police officer were not sufficient to give him the maximum 7 years for the crime, as it was not deliberate. He was never going to get near the maximum sentence for that particular aspect, but if he had only been charged with that offence (without the armed robbery), then he would have received a longer sentence for that aspect.

Also, this guy started using meth when he was 12. I don't think many of you appreciate exactly what that implies about his background. Can he be 'fixed' at this stage? I don't think prison is going to fix him, but it should. More likely, unfortunately, is that he'll come out exactly the same as he went in (if not a bit more damaged).

I'm all for the punishment aspect of sentencing, but it's a wasteful cycle if you're not producing people capable of living in a society when they are released.

[Macca]

Did you read the judgment, or just the beginning and end?

As noted, the maximum penalty for 'doing an act as a result of which bodily harm is caused to any person' is 7 years, and for 'stealing a motor vehicle, and wilfully driving the vehicle in a manner that constitutes the offence of reckless driving' is 8 years. If someone does both of those things together, you don't then give them 15 years.

The overall sentencing had to be proportionate to the totality of the offences.



To put it another way, the circumstances surrounding Colbung hitting the police officer were not sufficient to give him the maximum 7 years for the crime, as it was not deliberate. He was never going to get near the maximum sentence for that particular aspect, but if he had only been charged with that offence (without the armed robbery), then he would have received a longer sentence for that aspect.

Also, this guy started using meth when he was 12. I don't think many of you appreciate exactly what that implies about his background. Can he be 'fixed' at this stage? I don't think prison is going to fix him, but it should. More likely, unfortunately, is that he'll come out exactly the same as he went in (if not a bit more damaged).

I'm all for the punishment aspect of sentencing, but it's a wasteful cycle if you're not producing people capable of living in a society when they are released.

Next time just shoot the pingpingpingping then....End of 1 cycle....Rinse and repeat

[Baron]

Harsh sentencing and the death penalty has consistently been shown to virtually eliminate violent crime. Just look at the great results in the US!

[xr6tego]

It does stop them from re-offending though.

[Fukushima]

Harsh sentencing and the death penalty has consistently been shown to virtually eliminate violent crime. Just look at the great results in the US!

just like hoon laws have eliminated burnouts



lol

[Baron]

Yeah, and countries with life imprisonment and/or death penalty for drug importation now never have any issues with drugs. The list goes on!

[d1mitch]

Yeah, and countries with life imprisonment and/or death penalty for drug importation now never have any issues with drugs. The list goes on!

then what do you suggest? because it doesnt work we just shouldnt puni\sh them at all? you sound like that retard american on gun control "if you cant eliminate gun crime completely then why ban guns at all"

[Baron]

then what do you suggest? because it doesnt work we just shouldnt puni\sh them at all? you sound like that retard american on gun control "if you cant eliminate gun crime completely then why ban guns at all"
Was my first post too long for you to read?

"I'm all for the punishment aspect of sentencing, but it's a wasteful cycle if you're not producing people capable of living in a society when they are released."

Harsher punishments don't stop crimes being committed by people who are too uneducated and/or fucked up to control themselves. You need to address the causes of their issues.

[Fukushima]

Harsher punishments don't stop crimes being committed by people who are too uneducated and/or fucked up to control themselves. You need to address the causes of their issues.

Take them away from their families so they can have a decent upbringing...

No italics

[d1mitch]

Was my first post too long for you to read?

"I'm all for the punishment aspect of sentencing, but it's a wasteful cycle if you're not producing people capable of living in a society when they are released."

Harsher punishments don't stop crimes being committed by people who are too uneducated and/or fucked up to control themselves. You need to address the causes of their issues.

lol... you still havent suggested an alternative?

i agree its a wasteful cycle if you cant rehabilitate them but what are you supposed to do? just let them go because it wont help anyway? harsher punishments eg. keeping them locked up for longer does stop them comitting crimes because guess what they cant commit crimes when they are locked up. (well not on the public anyway)

how much money and time is already invested into trying to "fix the cause of their issues"? thats clearly not working either. i am all for breeding licenses haha

[Baron]

Take them away from their families so they can have a decent upbringing...

No italics
No italics needed, I agree. If a family is made up of fucked-up trash who are only going to drag their children down, the kids should be removed. Of course, there would need to be significant changes to the whole foster system (more adoption imo), but lots of parents have nothing to offer their children except a life of abuse and crime.

Mitch, as to an alternative, we need to actually stop drugs in prison (how can it be that hard, honestly) and increase access to counselling and education. I'm sure this is being done, but I'm equally sure it is massively underfunded. It's not throwing away money if you can produce people who are even somewhat productive and capable of living normally in society at the end of it, and who might then be able to raise a decent family.

[ReaperSS]

I think that you should have to apply to have kids. Show that you can afford them and can bring them up well. Way to many fuk tards spittin them out left right and center

[esky]

Rather than trying to improve scum to be capable of raising a decent family, which is a almost impossible task, just sterilize them. Stop them raising any family at all.

[Bomber]

I think that you should have to apply to have kids. Show that you can afford them and can bring them up well. Way to many fuk tards spittin them out left right and center
+8.54 for breeding licences.

Government not that long ago was giving $5000 baby bonus out too in fortnightly installments. Is that still being handed out? I think I remember it being reduced but not sure...

[thommo]

Take them away from their families so they can have a decent upbringing...

No italics

Sounds like a similar scenario where they'd end up wanting everyone to say sorry

[R3N]

Sounds like a similar scenario where they'd end up wanting everyone to say sorry

I'm sorry, but I don't apologise to anyone.

[ReaperSS]

Hows this one!! Only got 5yrs for what he did to this kid WTF... http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/judgment.xsp?documentId=FBA5FC5A05FD62A448257C2900 0E6FD0&action=openDocument&SessionID=DMWTTCLHTL

[thommo]

Wtf! How when it shows previous offences!


Criminal law
Appeal against conviction
Sexual penetration of child under 13 years
Criminal Code (WA), s 320(2)
Whether jury should have been directed as to alternative verdict of indecent dealing
Whether verdict unreasonable
Criminal Appeals Act 2004(WA), s 30(3)(a)
Whether nonpingdisclosure by State
Criminal Procedure Act 2004 (WA), s 95
Whether child aged 7 years was competent witness
Evidence Act 1906 (WA), s 106B(3)
Criminal law
Appeal against sentence
Offender aged 68 at sentencing
Two counts of sexual penetration of child under 13 years
One count of inciting a child under 13 years to do indecent act
Previous convictions for sexual offending against same child
Earlier convictions for sexual offending against other children
No remorse or mitigating circumstances
High risk of reoffending
Sentence of 5 years 4 months' imprisonment
Cumulative on sentence of 4 years 8 months' imprisonment for previous offending against same child

[-Luke-]

Hows this one!! Only got 5yrs for what he did to this kid WTF... http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/judgment.xsp?documentId=FBA5FC5A05FD62A448257C2900 0E6FD0&action=openDocument&SessionID=DMWTTCLHTL

I think you should go and "take a photo" of him.

[ReaperSS]

I have to agree. This is where you need vigilanty squads. I will do the PI work, and get the gangs to go in and start choppin cocks off, hands off and breaking legs if not kill the filthy pricks. Courts do f/ all.
I would be pissed if i were a cop. All the hard work to nabb pingpingpingpings like this only to be let out 5 years later. Poor kids gets the life sentence of dealing with the problems

[Baron]

Hows this one!! Only got 5yrs for what he did to this kid WTF... http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/judgment.xsp?documentId=FBA5FC5A05FD62A448257C2900 0E6FD0&action=openDocument&SessionID=DMWTTCLHTL

A sentence which was reduced to reflect the fact that if the matter had been dealt with together with the other offences which had occurred at a similar time then there would have been some degree of concurrence allowed. But that sentence was then made entirely cumulative upon the earlier sentence, so this 69yo would serve ten years before being released. Because at that age, as set out in the judgment, there is this tension between the punishment, and avoiding 'crushing' sentences. So if a longer sentence had been given, an appeal would possibly have been successful.

As much as a piece of shit as this guy undoubtedly is, and as much as he probably should have been detained under the Dangerous Sexual Offenders Act (only a relatively recent act), the fact is that his offending is not at the top end of seriousness for this type of offending.