Ainslie mother breaches bail – bailed again by the CJ

johnboy 16 July 2008 53

The ABC informs us that the infamous “Ainslie mother” has been arrested for breaching her bail conditions, but had her bail restored by Chief Justice Higgins.

    the ACT Supreme Court heard the woman was taken into custody on Tuesday night after she failed to attend Corrective Services as directed in her bail conditions. Her lawyer, David Claxton, told the court his client misunderstood the instructions.

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53 Responses to Ainslie mother breaches bail – bailed again by the CJ
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Thumper Thumper 8:23 am 18 Jul 08

Indeed, but unlike parents, foster parents need to be vetted beforehand.

DJ DJ 7:11 am 18 Jul 08

Sepi, I don’t think it’s a good idea only because it MAY attract the wrong type of people who are doing it only for the money (like baby bonus).

Foster carers are gold and could get incentives like paying lower tax or free rego etc…

sepi sepi 10:19 pm 17 Jul 08

I read a suggestion that foster carers should get paid (more than the support costs they get now) to encourage more people to do it.

It sounds good to me.

Slapp_monkey Slapp_monkey 10:08 pm 17 Jul 08

Spi- As my understanding of the matter the new prison was to have a secure mental health wing/facility but due to budget cuts it was removed from the plan. Does anyone else have more accurate information on this?

My statements are not trying to have a go at the current government it seems that across the globe we are having problems developing programs to help the mental ill or rehabilitate our criminals. Why should Canberra be any different.

I would be more concerned about what the care groups are going to do to stop her children become as bad as her if not worse. We as a society may have lost the battle with her or the cost is not worth it trying to fix this damaged good. I would like to hear what is being done to help her children? so they do not become drug addicts or violent abusers themselves.

We cannot hope to fix everyone we just need to look at which ones we can fix and the rest we need to allocate a position where they cannot harm themselves and others.

sepi sepi 9:42 pm 17 Jul 08

Yeah but don’t we have a gaol now?

Or do you still have to go to the Remand Centre until you are actually sentenced?

I think they should open half the gaol as a mental health wing.

Thumper Thumper 9:33 pm 17 Jul 08

Good post.

I agre. It would appear that government and/or services are once again lacking. Another sytemic failure.

And no, this is not a cheap shot at Stanhope and the ALP as I can’t see it changing no matter who was in power.

Slapp_monkey Slapp_monkey 9:00 pm 17 Jul 08

My concerns are for this woman and her children, she clearly has no ability to take of herself or anyone else.

I’m by no means saying that she should be allowed to continue abusing the general public, her family or anyone else for that matter but what we need to consider is will incarceration help to achieve the desired outcome.

Is jail going to make her into a person capable of taking care of herself and others?

The problem with our prison system is that it does not rehabilitate it only punishes and in many cases acts as an education facility for criminals.

If this woman who by all accounts is suffering from mental health issues is put into a prison facility are we not going to increase her instability and create more problems for us in the future?

I not saying she should be free to walk the streets and impact on the general public just that we should consider the options that judges and corrective services have.

We have no secure mental facilities here in the ACT to house people with mental issues and treat them.

Sadly no government wants to allocate funds to prison and rehabilitation which could be spent on roads or other facilities.

With bail being rejected where can Higgins place this Woman in BRC or Symonston, both already over crowded facilities.

This discussion has already been played out over and over the Mental health facilities are over stretched and poorly staffed. The corrective services are not equipped to deal with the suicidal or mental affect individuals with out causing more harm. Police have little ability to act without court orders in place and even then we lack the required institutes to help these people.

Does this excuse there behaviour? No it does not she has caused many people to suffer and hence should not be in a position were she can continue to affect these people. But in what form does this take?

sepi sepi 8:19 pm 17 Jul 08

It seems that they need levels of bail Canberra, to encourage people to meet the first, bail conditions.

I don’t much see the point of locking this woman up – that won’t mean her kids get a warm bed and a nice dinner.

But currently she has no incentive to meet bail – she has failed to meet it and nothing happened.

So they need a system where if you fail to meet the first bail conditions, then you get set nastier conditions – like your money is taken over by the public trustee and issued to you by them until you meet your bail conditions for a week. Or you get daily visits from the police. Or something.

DJ DJ 7:26 pm 17 Jul 08

Auto spell checker dammit. No, I didn’t proof it well…. gaol, gaol, gaol…. (shaking head slowly)…

Centre or Center?

Arghhhhh

Sorry

Spideydog Spideydog 5:06 pm 17 Jul 08

Well, government depts are easily confused ???

peterh peterh 4:45 pm 17 Jul 08

Spideydog said :

Peterh, I do believe I am an idiot and can see what you were getting at and I for one will STFU…..lol

Gaol not Goal.

(nodding quietly and slowing getting back under rock I once came)

probably why they named the new “gaol” a “centre” instead.

V8-Prius V8-Prius 4:41 pm 17 Jul 08

Spideydog said :

Peterh, I think you will find that “Jail” is now an accepted way to spell “Gaol” in Australia.

To be brutally honest I prefer to spell it Jail (and do). It makes more sense to me. However the Americans can keep thier imperial measurement system and driving on the “right” side of the road.

Wikipedia quote: Gaol is an early Modern English spelling for jail with the same pronunciation and meaning. Although jail is now more common, gaol is still the favoured spelling in parts of the Commonwealth of Nations, for example in Australia.[7] However, due to American influence in Australia[citation needed], the spelling “jail” is now more common in popular contexts such as the media, the spelling “gaol” being mainly retained in historical use and in the legal profession.

I agree. Lets dumb everything down American style.

Spideydog Spideydog 4:38 pm 17 Jul 08

Peterh, I do believe I am an idiot and can see what you were getting at and I for one will STFU…..lol

Gaol not Goal.

(nodding quietly and slowing getting back under rock I once came)

Spideydog Spideydog 4:35 pm 17 Jul 08

Peterh, I think you will find that “Jail” is now an accepted way to spell “Gaol” in Australia.

To be brutally honest I prefer to spell it Jail (and do). It makes more sense to me. However the Americans can keep thier imperial measurement system and driving on the “right” side of the road.

Wikipedia quote: Gaol is an early Modern English spelling for jail with the same pronunciation and meaning. Although jail is now more common, gaol is still the favoured spelling in parts of the Commonwealth of Nations, for example in Australia.[7] However, due to American influence in Australia[citation needed], the spelling “jail” is now more common in popular contexts such as the media, the spelling “gaol” being mainly retained in historical use and in the legal profession.

Headbonius Headbonius 4:34 pm 17 Jul 08

Mick 1965 wrote “Thumper/Maelinar, (Corrected his mis-spelling of you name Mael – maybe he was pissed?)
Sorry fellas but I have dealt with Higgins and I know him to be a wise and fair chap.”

What you have dealt with him once? Twice? I have dealt with him on hundreds of occassions and have a different opinion to you.

Wise and Fair are not terms I would use in the same sentence as the CJ. Enough said.

Beserk Warrior Beserk Warrior 3:59 pm 17 Jul 08

Since being Russell Crowe-d by his deranged son, Higgins has become a bleeding heart for anyone who he perceives might have mental issues.

peterh peterh 3:30 pm 17 Jul 08

DJ, i think you mean Gaol?

I agree, the problem stems from the inability to remove the offenders from society, incarcerate them and rehabilitate them. If they don’t respond to rehab, keep them in. we should have parole hearings and parole officers. We should also utilise the ankle tracking devices for all parolees and if they break the conditions of their parole, back they go.

we need more of a zero tolerance approach, not a slap on the wrist, to get it through the heads of some of these offenders that they will be punished. as for human rights (here it comes – I am waiting for the flaming) if you break the law, and your crime is particularly heinous, why should you receive the same rights as law abiding citizens? I agree to basic principles of human rights, but disagree to the ability to have access to the internet, phones etc, when some members of our community don’t have access to the same, be it by financial situation or location.

DJ DJ 3:13 pm 17 Jul 08

I am not too sure that the CJ is all there. Sure he has been around for a long time but I would be very interested in a comparison between him and an interstate Judge in a similar position. I would bet a significant amount of my hard earned that his record for goal time for serious offences would be significantly lower… and I don’t believe that the community would be satisfied with this. My taxes pay for this service and why should I be happy? I consider Higgins beyond his used by date by many years.

Bail was refused in the Magistrates Court for good reason. When granted the simple conditions were not able to be complied with. No second chance IMHO. Why was bail granted again?

Mick1965 – “Yes, ACT does seem to sentence softly – but are all ACT residents hiding in their houses living in fear? I don’t think so and this is really trivial.”

Of course not all Mick, but significantly for me (making this not so trivial), my mother is in fear of being broken into again and lives a life of checking locks and alarms. Why? Because there is so little deterrent for offenders going before the Courts that she sees it as being inevitable it will happen again. Interestingly she doesn’t see the fault of this lying at the feet of Police either.

Who do I blame? The parents? No actually. I believe that in the majority of cases the parents have little to do with the actions of their offspring after all who wants a son or daughter hooked on drugs? I blame the Courts and Correctional Institutions and I would be interested in hearing anybody defend either of them and say that they do a good job rehabilitating offenders.

We need to bring in an better system to recognise and address the needs and wants of the community when it comes to the Courts. The first step was to build a local goal…. done that now what?

Mick1965 Mick1965 2:10 pm 17 Jul 08

Agreed Spidey.

I think some here are very quick to judge.

Spideydog Spideydog 1:23 pm 17 Jul 08

You have nothing to FEAR if have done nothing wrong. These days, you have nothing to FEAR even if you have done something wrong.

You seem to have taken my wording of FEAR to the extreme.

Mick1965 quote: “does not seem to have done harm”

I beg to differ…. Being that neglectful to your children has done a huge amount of harm, whether it be physical and/or mental harm. This was not “victimless” incident.

We are all commenting from the outside, so it is a little speculative. We will all find out in due course, if her bahaviour is due to mental health issues or just plain nasty (so to speak). If it is due to mental health issues, lets hope she gets the help that is obviously needed. If it’s found that she’s “just bad” then let hope the court deals with her appropriately.

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