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Duncan Knight out for Christmas after brutal assault

By 25 October 2012 36

Justice Burns has been putting a lot of judgments online today. this one in particularly struck a chord involving a Duncan Knight:

At this time you ran towards the complainant and the vehicle. You were carrying a long chrome spanner in your hand. As the complainant was looking down to insert the petrol nozzle into the fuel tank you ran up and smashed the rear window of the vehicle with the spanner. You then punched the complainant from behind with a clenched fist to the right side of her head, causing her to be knocked to the ground. The complainant had not seen you approach and had no time to defend herself.

When on the ground the complainant attempted to cover her head with her hands and you were heard to yell, “I can’t believe you thought you were going to get away with it”. You then began kicking the complainant to the head with your right foot. At the time you were wearing black leather work shoes. You then lifted the complainant’s head by her hair and kicked her again to the face. You kicked her forcefully to the head and face region on at least two occasions.

This occurred on 2 November 2011. There were multiple witnesses, lots of evidence, and when approached by police he said:

I did it, it was me and I’m the one you’re looking for

He plead guilty.

And despite that it’s nearly a full year before we get to sentencing?

Furthermore with a bigger record than the average citizen he’s only in full time imprisonment from 17 September 2012 to 16 December 2012.

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36 Responses to Duncan Knight out for Christmas after brutal assault
#1
bundah7:48 pm, 25 Oct 12

To say that i continue to be disgusted by manifestly inadequate sentencing standards that have been adopted by successive judges in the ACT and Oz in general would be an understatement.Knight pleaded guilty to the charges in the Magistrates Court on 15 March this year yet it has taken over six months to sentence him??

Justice Burns sentenced Knight to full-time prison until 16 December 2012 .Seven months commencing on 17 December 2012 and expiring on 16 July 2013 will be served by way of periodic detention. The balance will be suspended and there will be a good behaviour order for a period of two years commencing on 17 December 2012. Burns went on to say that in his opinion general deterrence is the most significant sentencing consideration with respect to this type of offence.

Naturally i fully concur however as is the norm leniency has and continues to be the flawed approach by our esteemed,learned judiciary.

#2
Anti8:44 pm, 25 Oct 12

It’s a joke. Really it is. Lame arse sentencing at its best.

#3
Comic_and_Gamer_Nerd9:10 pm, 25 Oct 12

Disgusting.

#4
Jivrashia9:38 pm, 25 Oct 12

Even though the judge stated that they did not “significantly contributed” to the crime I’m thinking that the guys state of mental health was taken into consideration.

Anxiety, depression, ADHD, PTSD, and doing ice.

#5
peitab9:43 pm, 25 Oct 12

I wonder why this was pushed to the Supreme Court? As disgusting as these offences are, AOABH and Using a carriage service to menace aren’t usually offences that have to be dealt with in the SC.

#6
LSWCHP10:40 pm, 25 Oct 12

Man king hits woman and knocks her to the ground. Man then proceeds to repeatedly kick her in the head with his work boots while shouting abuse at her. Man then tells cops “I done it”.

Man gets a year in the slammer.

I think I can now officially declare that I no longer understand how the world works.

#7
HenryBG9:20 am, 26 Oct 12

So, is this drowsy procrastination or torpid langour in action?

#8
Thumper9:36 am, 26 Oct 12

Jivrashia said :

Even though the judge stated that they did not “significantly contributed” to the crime I’m thinking that the guys state of mental health was taken into consideration.

Anxiety, depression, ADHD, PTSD, and doing ice.

PTSD and depression don’t make you kick the shit of defenceless women.

#9
eh_steve9:55 am, 26 Oct 12

While still manifestly inadequate, I think it is worth noting John that the sentence will be completed in 2013, not 2012.

#10
johnboy9:57 am, 26 Oct 12

Periodic detention doesn’t count for mine.

#11
bundah9:59 am, 26 Oct 12

Thumper said :

Jivrashia said :

Even though the judge stated that they did not “significantly contributed” to the crime I’m thinking that the guys state of mental health was taken into consideration.

Anxiety, depression, ADHD, PTSD, and doing ice.

PTSD and depression don’t make you kick the shit of defenceless women.

Excerpt from edited transcript of proceedings:

“I note that you commenced using amphetamines at 24 years of age. I note that you still have issues in relation to the use of that substance. Most recently your amphetamine use was recommenced by virtue of prescriptions of dexamphetamine provided to you by a psychiatrist who had diagnosed you with adult attention deficit hyperactivity disorder (ADHD). I note that you have also been diagnosed with post-traumatic stress disorder (PTSD)”.

It’s a good thing the psychiatrist’s evaluation and prescribed medication was on the money coz imagine how violent he would’ve been without it!

#12
Henry8210:28 am, 26 Oct 12

Comic_and_Gamer_Nerd said :

Disgusting.

+1

#13
Comic_and_Gamer_Nerd11:00 am, 26 Oct 12

Thumper said :

Jivrashia said :

Even though the judge stated that they did not “significantly contributed” to the crime I’m thinking that the guys state of mental health was taken into consideration.

Anxiety, depression, ADHD, PTSD, and doing ice.

PTSD and depression don’t make you kick the shit of defenceless women.

Neither does anxiety. Infact the only thing on that list that would is using ice. And that should never be used as a excuse or for a more lenient sentence.

This dickhole should be locked up for at least 10 years.

#14
HenryBG12:02 pm, 26 Oct 12

Comic_and_Gamer_Nerd said :

Neither does anxiety. Infact the only thing on that list that would is using ice. And that should never be used as a excuse or for a more lenient sentence.

It should be an aggravating factor in sentencing. Not just a dick, but a dick that takes drugs that make you even more of a dick.

#15
peitab1:30 pm, 26 Oct 12

johnboy said :

Periodic detention doesn’t count for mine.

Not that I’m defending this particular sentence, but I believe PD does count – it’s still a loss of liberty no matter how you cut it.

Plus, in general I prefer that most custodial sentences in the ACT have tailing-off periods from the period of full-time detention (e.g. parole, PD or some sort of supervision by Corrective Services). It’s better for the community that the offender knows they’re still being actively watched, rather than throwing open the prison doors at the end of full-time detention and saying “you’re on your own – do what you like”.

#16
johnboy1:33 pm, 26 Oct 12

I’m all for rehabilitation.

But you can still conduct a pretty normal life while doing PD. Which rather defeats the purpose of sentencing for my money.

#17
HenryBG1:56 pm, 26 Oct 12

johnboy said :

I’m all for rehabilitation.

But you can still conduct a pretty normal life while doing PD. Which rather defeats the purpose of sentencing for my money.

I imagine you can also turn a good profit from bringing in lots of drugs with you on each visit, which the guards are not allowed to take away from you due to that being a breach of your human rights.

#18
Tooks2:59 pm, 26 Oct 12

peitab said :

I wonder why this was pushed to the Supreme Court? As disgusting as these offences are, AOABH and Using a carriage service to menace aren’t usually offences that have to be dealt with in the SC.

Given the circumstances they were probably hopeful a judge would give a higher sentence than the maximum two years allowed by a magistrate.

#19
Lookout Smithers6:10 pm, 26 Oct 12

I don’t know the particulars of the case and I stand with everyone against violence. I am neither a hater of the police as you can’t get the standard of living in this country without the order of law or the police who enforce it. But this guy pleaded guilty and whilst the offence is to be condemned, the honesty and admissions is always going to be a good virtue. It shows some degree of remorse and insight, it saves time and police resources and it prevents a trial where further suffering of others could occur. There isn’t anything to be gained by having a dig at someone who makes admissions and serves time. If anything it would only potentially deter others from coming clean in the future. The legal process aint a perfect one or a pretty one but for honesty in the face of jail is worth something as there will always be so many cases without it. I could only assume that the reason this case was posted online is to perhaps make the community aware of a variety of circumstances and to help explain judgements and the reasons for them when it may not always seem to make sense. This is news to me so I would only be hazarding a guess. I am looking forward to visiting Canberra in two weeks to catch up on everything.

#20
farnarkler6:44 pm, 26 Oct 12

Wait up, did I read correctly, he hit HER from BEHIND. What a hard man he isn’t. I hope a few nasty friends of the victim will be in the vicinity of Eclipse house in Civic on 17 December.

#21
farnarkler6:56 pm, 26 Oct 12

Ok Lookout Smithers so this cretin bashes someone then pleads guilty, saving police and court time. Now what if he does the same thing again? Going to be so lenient?

#22
Lookout Smithers7:19 pm, 26 Oct 12

farnarkler said :

Ok Lookout Smithers so this cretin bashes someone then pleads guilty, saving police and court time. Now what if he does the same thing again? Going to be so lenient?

Of course not mate. I am just trying to highlight the alternative implications if admissions are not made or a plea of guilty isn’t present. It can be that much worse and then there is always the added burden of the outcome being unresolved or worse yet thrown out for what ever reason. A result and cooperation at the start is, in my opinion, a preferable outcome. It isn’t just about saving the courts and police time, though that is a valuable commodity. It is about saving the victim a trial and prolonged period of time having to go over and over the event. Court is a very confronting experience for anyone who isn’t familiar with it and doesn’t understand the law. It is like forfeiting your autonomy. But I promise you it is so much worse if you’re a victim and have to give evidence. That is my point here. It may appear unfair or that the victim hasn’t been properly represented, but if it were someone close to me I don’t know that there would ever be a sentence that says it all.

#23
screaming banshee9:46 am, 27 Oct 12

Did you ever consider Smithers that he didn’t own up out of remorse, insight, or honesty, but the fact he was proud of what he did.

#24
Lookout Smithers11:41 am, 27 Oct 12

screaming banshee said :

Did you ever consider Smithers that he didn’t own up out of remorse, insight, or honesty, but the fact he was proud of what he did.

Not that exact reason but I considered that the motives for confession might remain the same, and only genuinely known the him. This would not change my view on the virtue of honesty with regard to the court process. It feels like you want to ask something more or say more though?

#25
HenryBG1:43 pm, 27 Oct 12

Lookout Smithers said :

But this guy pleaded guilty and whilst the offence is to be condemned, the honesty and admissions is always going to be a good virtue..

That is reasonable logic for a criminal who’s just been convicted of their first offence.

How long do you reckon Duncan Knight’s list of priors is?

If you’re so concerned about the wasting of court time, maybe find out
a/ Why such an open and shut case of criminality even needs to go to court anyway
and
b/ What caused the 7 months delay between conviction and sentencing.

#26
screaming banshee2:30 pm, 27 Oct 12

Lookout Smithers said :

It feels like you want to ask something more or say more though?

Well I suppose if pushed I would like to add that this individual should be put down like the vicious dog that he is.

#27
Lookout Smithers8:23 pm, 27 Oct 12

HenryBG said :

Lookout Smithers said :

But this guy pleaded guilty and whilst the offence is to be condemned, the honesty and admissions is always going to be a good virtue..

That is reasonable logic for a criminal who’s just been convicted of their first offence.

How long do you reckon Duncan Knight’s list of priors is?

If you’re so concerned about the wasting of court time, maybe find out
a/ Why such an open and shut case of criminality even needs to go to court anyway
and
b/ What caused the 7 months delay between conviction and sentencing.

I am not so concerned about the courts time, after all we pay for it, so much as concerned with a witness having to go to trial and the time it might hang over them should a trial be needed. It can stretch out with retrials and appeals, legal arguments and then be an acquittal. Pleading guilty takes that potential shit fight stress and anxiety away for the victims and or other witnesses. 7 months isn’t ideal no doubt. But its better than a trial and two or three years at least. I am not sure what prior convictions Mr Knight has or had, it doesn’t change anything. He might have had 100 priors . Pleading guilty in this case still spared the victim further trauma and stress, assuming they preferred that outcome. I probably should have been clearer about what is really the main benefit of a person making admissions and pleading guilty, however this is just my opinion based on how I feel about being in court.

#28
farnarkler12:39 pm, 28 Oct 12

I agree it is great for the victim that she doesn’t have to attend court. I was in the dock 20 years ago for a DUI charge so I’ve been there. Can’t say I enjoyed the experience. With violent criminals like this I believe in a Pavlovian system. Make the punishment so hideous that men (we don’t hear of too many women in court for violent behaviour) will take a really good hard think before they clench a fist. Put the bastards in the ring with a heavyweight boxer every time they commit a crime like this and they’d soon learn to keep their temper in check. Call me medieval but I reckon it’d work.

#29
bundah12:59 pm, 28 Oct 12

farnarkler said :

I agree it is great for the victim that she doesn’t have to attend court. I was in the dock 20 years ago for a DUI charge so I’ve been there. Can’t say I enjoyed the experience. With violent criminals like this I believe in a Pavlovian system. Make the punishment so hideous that men (we don’t hear of too many women in court for violent behaviour) will take a really good hard think before they clench a fist. Put the bastards in the ring with a heavyweight boxer every time they commit a crime like this and they’d soon learn to keep their temper in check. Call me medieval but I reckon it’d work.

Judging by the brutal violent behaviour still displayed by some medieval mentality is still prominent in their minds.

#30
Deref2:28 pm, 28 Oct 12

Anti said :

It’s a joke..

Yep. And the joke’s on us.

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