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Be on your way my good man – Higgins CJ to Ian William Kelly

By johnboy - 9 July 2009 38

Here’s an interesting appeal in the Supreme Court.

One Ian William Kelly was sentenced to a total of 36 months imprisonment by Magistrate Maria Doogan for the following crimes:

    1) … between 6 September 2002 and 9 September 2002 did enter … Building 53 of the Australian National University … as a trespasser with intent to steal therein.

    2) … between 6 September 2002 and 9 September 2002 without lawful authority or excuse did ride in a vehicle … white Ford Falcon ute bearing ACT registration YLU414, …

    3) … between 19 January 1999 and 20 January 1999 did enter … Canberra Business Centre … Kingston, as a trespasser, with intent to steal therein.

    4) … between 19 January 1999 and 20 January 1999 did enter … Express Advertising and Event Management Marketing within the Canberra Business Centre … Kingston, as a trespasser, with intent to steal therein.

    5) … between 19 January 1999 and 20 January 1999, did steal an IBM laptop computer to the value of [$3,600], belong to Express Advertising Event Management and Marketing.

    6) … between 19 January 1999 and 20 January 1999, did steal … [$143] in Australian currency belonging to Canberra Enterprises Employment Developement [sic] Association.

    7) … between 19 January 1999 and 20 January 1999, did enter … Bodywise Natural Therapies within the Canberra Business Centre, … Kingston, as a trespasser, with intent to steal therein.

    8) … between 19 January 1999 and 20 January 1999, did steal a Compaq Impressario Notebook computer and a JVC top shelf stereo … value [$4,468], belonging to Bodywise Natural Therapies.

    9) … between 19 January 1999 and 20 January 1999, did enter … Canberra Counselling Services within the Canberra Business Centre … Kingston, as a trespasser, with intent to steal therein.

    10) … between 19 January 1999 and 20 January 1999, did steal Sony portable cassette player, … [$100], belonging to Canberra Counselling Services.

    11) … between 19 January 1999 and 20 January 1999 did enter … Wordsworth Writing within the Canberra Business Centre … Kingston, as a trespasser, with intent to steal therein.

    12) … between 19 January 1999 and 20 January 1999, did steal … [$138] in Australian currency, belonging to Wordsworth Writing.

    13) … on 29 September 2006, … did fail, without reasonable excuse, to appear before the Magistrates Court in accordance with his [bail] undertaking.

    14) … on 27 August 2006, a repeat offender, did drive while disqualified.

    15) … on 29th of November 2005 [was sentenced by Chief Magistrate Cahill] on a charge of theft … and was convicted and sentenced … to be imprisoned for a term of 3 months … released forthwith upon his entering into a recognisance himself in the sum of $1000 to be of good behaviour for 2 years, that he, … did on the 27 August 2006 commit the offence of drive while disqualified (CC 2006/7748) … and was convicted of the said offence.

Skipping bail for traffic offences in 2006 Ian fled to South Australia where he was soon arrested for other offences. The crow eaters took a DNA sample which tied him to the burglaries of 1999 and 2002 here in Canberra.

Chief Justice Higgins, however, thought that Magistrate Doogan’s collected sentence of 36 months was far too harsh on the poor fellow. So it’s been reduced to 24 months and 22 days which he has already served.

So he’s back on the streets this afternoon with an 18 month good behaviour bond.

What’s Your opinion?


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38 Responses to
Be on your way my good man – Higgins CJ to Ian William Kelly
ant 7:56 pm 09 Jul 09

You can see Higgins’ point though. Here we have a serial, career criminal. Now, locking him up will interfere with the chap’s career, maybe even ruin it. We can’t have that. He did the only reasonable thing in the circumstances. I’m sure he’s already planning to let the fellow out when he first comes up for parole.

che 6:11 pm 09 Jul 09

So has he actually served any time for the crimes he has committed in the ACT?
Or was his time already served for the crimes he committed in SA?

Deckard 5:57 pm 09 Jul 09
Wraith 5:50 pm 09 Jul 09

Shame we don’t elect the judges here like they do in the US, at least we could actually try to do something about this and not vote this muppet back in again.

vg 5:42 pm 09 Jul 09
vg 5:41 pm 09 Jul 09

“I really have no idea what is going on Higgins’ mind”

Nothing much

Remember this

http://the-riotact.com/?p=12028

harley 5:36 pm 09 Jul 09

I feel suddenly reassured in our justice system…

I will also sleep safer in my bed, knowing that Mr. Kelly is obviously of reformed character.

Ozi 5:22 pm 09 Jul 09

And just how much of that money and goods stolen did the victims of his crimes see? None. Makes you wonder about the point of having a ‘justice’ system when decisions like this are handed down. Cahill’s sentences tend to be on at the tougher end of the ‘manifestly inadequate’ scale too, and he seems to be a competent Magi. Higgins, on the other hand, makes ludicrous decisions. Can’t fault his consistency, though…

Swaggie 5:18 pm 09 Jul 09

Thumper, its Stanhope’s own process that sees these people appointed
http://www.chiefminister.act.gov.au/media.php?v=5911&m=53&s=5
and we all know Stanhope is above criticism.

It wont change until Pollies think there are votes in it.

Whatsup 4:49 pm 09 Jul 09

Did this guy get his job via a voucher in a Cornflakes packet ?

Tooks 4:33 pm 09 Jul 09

Everyone deserves a 202nd chance.

54-11 4:32 pm 09 Jul 09

Higgins is a dick.

bren 4:02 pm 09 Jul 09

Maybe we need some sort of judicial oversight in order for sentences to better reflect the communities needs. Too many soft sentences for repeat offenders in the ACT.

Hank 4:01 pm 09 Jul 09

HIGGINS!!!!!

Thumper 3:52 pm 09 Jul 09

I really have no idea what is going on Higgins’ mind, but reading the offences against this guy one would suggest that Higgins is totally out of touch with, well, everyone.

I’ve got a mate who, many years ago, was punched for no reason one day in a pub, so he hammered the guy who hit him and was later charged. His sentence was a two year good behaviour bond.

Work that out.

Time for Stanhope to step up to the plate and say something methinks.

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