Chief Justice Higgins and bail decisions

ramblingted 15 May 2009 46

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.

He had originally been arrested on what the Crimes describes as a “two day rampage of kidnapping and extortion”, in company with the well known RA favourite, Matthew Massey.

His release came about after Higgins, CJ, overruled a decision not to allow bail by the eminently sensible Magistrate John Burns.

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?


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46 Responses to Chief Justice Higgins and bail decisions
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Granny Granny 3:45 pm 15 May 09

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 ….

Deadmandrinking Deadmandrinking 3:18 pm 15 May 09

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.

ant ant 2:52 pm 15 May 09

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.

VYBerlinaV8_the_one_they_all_copy VYBerlinaV8_the_one_they_all_copy 2:36 pm 15 May 09

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

ramblingted ramblingted 2:33 pm 15 May 09

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

ramblingted ramblingted 2:33 pm 15 May 09

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

mutley mutley 2:28 pm 15 May 09

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?

Tooks Tooks 2:24 pm 15 May 09

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.

farnarkler farnarkler 12:40 pm 15 May 09

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.

sunshine sunshine 12:28 pm 15 May 09

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

harvyk1 harvyk1 12:15 pm 15 May 09

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.

farnarkler farnarkler 11:52 am 15 May 09

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.

dvaey dvaey 11:49 am 15 May 09

“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’.

Deadmandrinking Deadmandrinking 11:42 am 15 May 09

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).

farnarkler farnarkler 11:35 am 15 May 09

‘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.

Clown Killer Clown Killer 11:13 am 15 May 09

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 …

ant ant 10:59 am 15 May 09

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

VYBerlinaV8_the_one_they_all_copy VYBerlinaV8_the_one_they_all_copy 10:58 am 15 May 09

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

andym andym 10:35 am 15 May 09

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

ant ant 10:33 am 15 May 09

He does seem to get it very wrong very often.

Mr Evil Mr Evil 10:31 am 15 May 09

Higgins – Pissweak Canberran of the Century.

When he due to retire?

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