Chief Justice Higgins and bail decisions

DMD,

I think you may need to re-read Special G’s post.

There ought to be a Facebook group … oh, wait!

Unfortunately in our system of government I don’t think there is any mechanism by which the people can rid the judiciary of a failing judge through a vote of no confidence.

Schoolyard talk. Grow up.

Nobody deserves to be assaulted or killed, Special G. Even I don’t always agree with Higgins’ decisions, but I would not wish harm upon him.

Sleaz274 said :

Is not the single largest test for someone being released on bail their likelihood of re-offending? So this guy re-offended within hours.

Higgins Fail. How much clearer does it need to be that he is absolutely incompetent and fails to make decisions which safeguard the community and meet community expectations.

+1

Anyone can check out the history of Higgins, some of it will surprise you. When will it change you ask – maybe when he lets someone go after good reasons were given to him to keep them in and they go back and kill their whole family – nope been done.

ant said :

He does seem to get it very wrong very often.

This is a time when I am going to completely agree with you ant.

He Lives somewhere in this village go visit him let him know how we all feel about his decisions and job performance.

Higgins has been failing for a long time.

Is not the single largest test for someone being released on bail their likelihood of re-offending? So this guy re-offended within hours.

Higgins Fail. How much clearer does it need to be that he is absolutely incompetent and fails to make decisions which safeguard the community and meet community expectations.

Just add it to the pile eventually someone will grow some nuts and knock you on the head either politically, professionally or personally.

ant said :

jakez said :

ant said :

ramblingted said :

Kidnapping Higgins would be a poor business decision by the kidnappers…

Yeah, we’d all throw in 50 cents to keep him kidnapped.

I’ll be sure to remember that when a member of your family is kidnapped.

Hmmm, you have a point, Jakez. It’s a very common occurance. I’d better start saving up my fifty cents.

…I think my point was lost.

jakez said :

ant said :

ramblingted said :

Kidnapping Higgins would be a poor business decision by the kidnappers…

Yeah, we’d all throw in 50 cents to keep him kidnapped.

I’ll be sure to remember that when a member of your family is kidnapped.

If you could kidnap my family, I’d really appreciate it.

jakez said :

ant said :

ramblingted said :

Kidnapping Higgins would be a poor business decision by the kidnappers…

Yeah, we’d all throw in 50 cents to keep him kidnapped.

I’ll be sure to remember that when a member of your family is kidnapped.

Hmmm, you have a point, Jakez. It’s a very common occurance. I’d better start saving up my fifty cents.

ant said :

ramblingted said :

Kidnapping Higgins would be a poor business decision by the kidnappers…

Yeah, we’d all throw in 50 cents to keep him kidnapped.

I’ll be sure to remember that when a member of your family is kidnapped.

Oh I’m not saying that these people shouldn’t be incarcerated if found guilty, but a bail hearing isn’t a trial. It’s the police bringing a bloke before the court and saying “We allege that he was up to such and such and we intend to prove it.” The judge might have to decide whether there’s a case to answer but they’re not deciding on guilt.

Remanding someone in custody isn’t really about pre-empting guilt or otherwise it’s more about the flight risk of the accused or whether or not there’s a good chance that they’ll try and interfere with witnesses or re-offend … I think it’s probably the latter case that gets Higgins in the most trouble.

Clown Killer, what is the point in police going fishing if the courts keep chucking them back in the pond? Surely at some point a criminal does actually need to be convicted in order to be taken off the streets. Just saying ….

mutley said :

I doubt the Justice would find that funny. That really is a serious issue for a lot of Magistrates.

Kidnapping of Magistrates is a serious issue in Canberra? What is this, Bogota?

Err no. But considering the work that magistrates do (even Higgins puts people away), it means their personal safety is much more at risk than the average person. Vy should think before hitting post.

ramblingted said :

Kidnapping Higgins would be a poor business decision by the kidnappers…

Yeah, we’d all throw in 50 cents to keep him kidnapped.

How many instances of magistrates being kidnapped have there been in Canberra in recent years? Just curious…

Kidnapping Higgins would be a poor business decision by the kidnappers…

Kidnapping Higgins would be a poor business decision by the kidnappers…

I doubt the Justice would find that funny. That really is a serious issue for a lot of Magistrates.

Kidnapping of Magistrates is a serious issue in Canberra? What is this, Bogota?

dvaey said :

Not that Im doubting this guy should have ever been bailed in the first place, but ‘last month’ is a bit different to ‘only hours earlier’.

He wasn’t bailed last month. He was arrested last month and bailed this week.

I’m not unhappy he was recently released. The victim got what was coming to him from a long time ago. What goes around, comes around.

Deadmandrinking said :

VYBerlinaV8_the_one_they_all_copy said :

Maybe someone needs to kidnap Higgins. Worth his weight in coal.

I doubt the Justice would find that funny. That really is a serious issue for a lot of Magistrates.

You do all know that Magistrates can only impose a maximum three year sentence, right? (I think it’s three, anyway).

in the magistrates court i think it has gone up to 5 years

Clown Killer, the fact that people are considered innocent until proven guilty is half the point of bail.

However bail should also be considered a one and only chance. I personally believe it should be break your bail conditions and that it no matter how small the indiscretion was, no second chances. (Technically you’d just pissed all over your second chance).

As for the light sentences, I personally believe that “bad childhood” and drinking should not be valid excuses. There are tons of people out there who had a “bad childhood” and yet they don’t go around breaking laws, and as for booze, at some point you made a choice to drink, as with any choices there are consequences of those choices, inc the risk you may do something stupid and end up in court.

There should be set sentences for set crimes; you murder someone, you go in for 30 years, you assault someone, you do 12 months, you rape someone, you go in for 30 years, etc.

Higgins lets people off with such light sentences it’s ridiculous. All the accused has to do is say it was the drugs or the alcohol and he lets them off.

“So we now learn that the standover man at the centre of the alleged kidnap incident in Kambah the other day had been released on bail only hours earlier.”

From http://www.abc.net.au/news/stories/2009/05/14/2570721.htm apparently “Ngata had been on bail on other kidnap charges relating to an incident last month, when he was arrested yesterday.”

Not that Im doubting this guy should have ever been bailed in the first place, but ‘last month’ is a bit different to ‘only hours earlier’.

VYBerlinaV8_the_one_they_all_copy said :

Maybe someone needs to kidnap Higgins. Worth his weight in coal.

I doubt the Justice would find that funny. That really is a serious issue for a lot of Magistrates.

You do all know that Magistrates can only impose a maximum three year sentence, right? (I think it’s three, anyway).

‘Justice’ Higgins is an oxymoron. He really does not like sending people to jail. Crims must think it’s christmas when they get Higgins and a suspended sentence.

Wouldn’t it be wonderful if Higgins CJ could be some way held accountable for his persistent and disturbing reluctance to keep the streets of Canberra safe for his fellow citizens?

The merits of this decision aside, last time I looked it was the police that were responsible for keeping the streets of Canberra safe and the courts job was to decide guilt or otherwise on the basis of what was presented to them. Despite an apparent predilection for granting bail – the courts are in fact bound by some fairly detailed rules not the least of which is the assumption of innocence.

… dons asbestos suite and sits back …

Maybe some kind of incentive scheme, referrals to the new gaol attract commissions with bonuses for every 10th sale?

Maybe someone needs to kidnap Higgins. Worth his weight in coal.

Someone needs to point to these bozos that the ACT now has a gaol and we expect them to use it.

He does seem to get it very wrong very often.

Higgins – Pissweak Canberran of the Century.

When he due to retire?