30 June 2010

Billy Ho Hoi gets bail again

| johnboy
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Another bail decision from the Supreme Court and Justice Refshauge.

Billy Ho Hoi was serving periodic detention in July last year for aggravated robbery, attempted aggravated robbery, contravention of a protection order and two charges of failing to appear after a bail undertaking had been given.

While at liberty he is then alleged to have committed aggravated burglary, two counts of theft, and damaging property. These charges did convince to Sentence Administration Board to suspend the periodic nature of his sentence (along with the minor matter of having already missed four of his suspension periods altogether).

The sentence for the original offences was up on 7 May and six days later Billy got bail for his new charges.

On 22 June Billy was in custody for turning up a day late under his obligation to report to police. The explanation was “he had played football on Sunday and gone home. He had fallen asleep and forgotten to report.”

But that did at least make sure he turned up to be arraigned on his charges, pleading guilty to damaging property, and getting a trial date of 9 August 2010 for the rest.

Justice Refshauge at that time decided to let Billy report to police weekly instead of daily, but sternly warned him that further breaches of bail would see him back in custody.

And then:

Just over 24 hours later, he was arrested for being in Civic after the curfew time and obviously having drunk alcohol.

Mr Ho Hoi explained to me that, on the evening in question, he had met some friends and they had gone drinking together. He had no real explanation for his breach. Mr R Davies, who appeared for Mr Ho Hoi, said all that could be said for him. He noted that there were no offences committed, that he was not seriously drunk and that it was not particularly long, about an hour, after the start of the curfew.

But it seems that’s alright! Billy had his bail renewed and is once more amongst us! (although he is back to daily reporting)

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Un.fukn.believable stupidity and incompetence from the ACT courts.

Where’s Mully when you need him?

Tony Martin may have had the right idea, but *he* sure didn’t get much leniency.

I can’t get leniency for the parking meter running out, but these c***s bash, rob and murder people, and are let free, just promise to be good.

it makes no sense

Not like she was busted shoplifting or smoking a marijuana cigarette…You would think that if you stab someone a couple times n they die or were an accessory to the murder the judge might send you to the booty house pre-trial? Then she violates supervised release still no booty house?

Do they give suspended sentences for murder? or is it just for rape?

“But then Refshauge cites his own comments during Rebecca Massey’s most recent breach of conditions (while on bail for a stabbing murder) as sufficient precedent for letting this guy off on bail yet again?”

Can someone explain to me, this lady murdered someone, and is not in jail, I literally don’t understand

The ACT is sliding under a rock when it comes to the criminal justice system…….reality or public expectations mean nothing anymore to our judiciary. I recall the days when the daily magistrates’ would be good folk from the community – butchers, bakers, candlestick makers(etc) with not a lawyer in sight of the bench.

A panel of three such upright citizens sitting on the daily list (not for indictable matters but for matters such as bail, assaults, street offences and the like) might need to be revisited…………..at least the community has some representation that way.

Otherwise, it’s a feral future for us good folk down here!!!!

georgesgenitals1:32 pm 30 Jun 10

“…further breaches of bail would see him back in custody.”

Bullshit.

He’s quoted previous cases where he has sentenced imprisonment for lesser breaches by repeat offenders, and then mentions that Billy Ho Hoi (in addition to his current bail breaches) has:
a) Two previous failures to appear while on bail,
b) A violation of a protection order,
c) Four consecutive failures to comply with a periodic detention order,

as well as a breach of a previous good behaviour order, and in Refshauge view was a terrible risk of bail breach, and unlikely to show up on his court date.
(“[The above all being] matters that reduce the trust that the court can have about his likelihood of further complying with his bail obligations, including to take his trial.)

But then Refshauge cites his own comments during Rebecca Massey’s most recent breach of conditions (while on bail for a stabbing murder) as sufficient precedent for letting this guy off on bail yet again?

ahappychappy11:20 am 30 Jun 10

Mr R Davies, who appeared for Mr Ho Hoi, said all that could be said for him. He noted that there were no offences committed, that he was not seriously drunk and that it was not particularly long, about an hour, after the start of the curfew.

Only an hour after curfew as that’s when he was caught. I can see it now:

“Oops, sorry sir, I promise I was just on my way home even though I’ve already broken all the restrictions placed on me – an hour and two minutes after curfew matters ever so more to my concience than just an hour.”

And we wonder why there is so much crime?

Pommy bastard11:03 am 30 Jun 10

Makes you feel all safe and secure doesn’t it?

Tony Martin had the right idea.

Mully. Here we go.

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