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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
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johnboy 1:14 pm 22 Aug 09

imhotep said :

In this town, Osama bin Laden would only cop a heavy fine.

On the right day he’d also get a statue in the multicultural centre.

imhotep 12:54 pm 22 Aug 09

pug206gti said :

Interesting how what matters legally and what matters to the unwashed are so different.

YapYapYap said :

…. All these good folks took time out from their gun cleaning to post this bile.

Look out, it’s the moral police, come to self-righteously lecture the ‘unwashed’ about their ignorance.

Whether it’s this case, Porritt, Anu Singh, the guys who raped the girl down at Kambah Pool (weekend detention!), the fact remains that the sentences handed out in the ACT are significantly less than other jurisdictions.

It could be that there are extenuating circumstances in all these cases. It also could be that our court system is dysfunctional and the judiciary out of touch with community expectations. I think the latter is more likely.

In this town, Osama bin Laden would only cop a heavy fine.

Pommy bastard 10:23 am 22 Aug 09

And give them a nice home, and increase their benefits so they don’t need to steal to buy smack…

backlash 11:41 pm 21 Aug 09

Why put drug addicts in jail, it would be better for them to be sent somewhere like Oddessay House in Sydney, where they would receive treatment for 12 months.

Ned 2:07 pm 11 Jul 09

This person has a name alarmingly similar to mine. It’s not me – just thought I should point that out.

YapYapYap 12:52 am 11 Jul 09

pug206gti said :

Woo judge bashing!

Did anyone bother to read the judgment?

Interesting how what matters legally and what matters to the unwashed are so different. The bloke is obviously a numpty, but as you’ll note at para 24, he was granted bail in February last due to a severe and disabling heart attack.

24. As at this date, the appellant has served 195 days of the sentence her Honour imposed. He was, on 18 February 2009, granted bail on humanitarian grounds as he had sustained a severe heart attack leaving him considerably disabled. In those circumstances and, given the errors found, the appellant’s appeal must be upheld and the appellant re-sentenced.

And if you read it, you’d see that the issues that were considered unsafe and erronous were numerous, and found to be such in full.

Magistrates amending sentences without telling anyone? Whether a magistrate can reopen sentencing at will? Time spent in custody already not considered when working out concurrent sentencing?

His honour has his shortcomings, but read it, work it out and then get out your pitchforks.

Pug, you should be ashamed of yourself. All these good folks took time out from their gun cleaning to post this bile. If you insist on directing their attention to the facts, you should go to gaol.

Special G 2:09 pm 10 Jul 09

Business as usual in the ACT Court system. Good gig if you can get it.

Mike Crowther 2:00 pm 10 Jul 09

Perhaps to save space in future you could just have the heading “Higgins passes sentence”. We will all know the result without having to read further.

johnboy 12:35 pm 10 Jul 09

zig said :

If an individual knowingly breaks into someone else’s property they should have no rights. Who knows what they are carrying or what their real intent is.

Shame that’s actually not true zig.

Perhaps you need to move past your wishful vengeance fantasies and try to work here on planet earth?

Clown Killer 9:53 am 10 Jul 09

Higgins is so clearly out of touch with community expectations regarding sentencing

A dozen angry RiotACTers hardly counts as ‘community expectations’. I’m not disagreeing, but just because we express a view, that does not mean it’s a broadly accepted view.

pug206gti 9:52 am 10 Jul 09

Woo judge bashing!

Did anyone bother to read the judgment?

Interesting how what matters legally and what matters to the unwashed are so different. The bloke is obviously a numpty, but as you’ll note at para 24, he was granted bail in February last due to a severe and disabling heart attack.

24. As at this date, the appellant has served 195 days of the sentence her Honour imposed. He was, on 18 February 2009, granted bail on humanitarian grounds as he had sustained a severe heart attack leaving him considerably disabled. In those circumstances and, given the errors found, the appellant’s appeal must be upheld and the appellant re-sentenced.

And if you read it, you’d see that the issues that were considered unsafe and erronous were numerous, and found to be such in full.

Magistrates amending sentences without telling anyone? Whether a magistrate can reopen sentencing at will? Time spent in custody already not considered when working out concurrent sentencing?

His honour has his shortcomings, but read it, work it out and then get out your pitchforks.

zig 9:49 am 10 Jul 09

Jim Jones said :

So a lack of proportional sentencing is a license to start acting like a homicidal vigilante. That’s nice to know.

If an individual knowingly breaks into someone else’s property they should have no rights. Who knows what they are carrying or what their real intent is.

Think about it, it’s 2am and you get woken up by someone breaking into your house…what do you do?

Jim Jones 9:37 am 10 Jul 09

zig said :

Wow….and the justice system wonders why people take the law into their own hands these days. Yet if I kill a burglar who breaks into my house, I’ll go to prison….go figure.

So a lack of proportional sentencing is a license to start acting like a homicidal vigilante. That’s nice to know.

zig 9:30 am 10 Jul 09

Wow….and the justice system wonders why people take the law into their own hands these days. Yet if I kill a burglar who breaks into my house, I’ll go to prison….go figure.

Higgins is so clearly out of touch with community expectations regarding sentencing. The law allows a fair range of punishments to be handed down – why are these not being used?

How frustrated must the police feel? It must hardly be worth charging people!

Thumper 8:31 am 10 Jul 09

That was ‘Enry ‘Iggins…

Pandy 12:10 am 10 Jul 09

No it was Eliza.

Higgins tried to make it quack.

gift 11:37 pm 09 Jul 09

He is a crims dream

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