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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VYBerlinaV8_the_one_they_all_copy VYBerlinaV8_the_one_they_all_copy 3:39 pm 18 May 09

I was a bit riled by previous commenter such as Vy, who’s comment was nothing short of disgusting.

Why – what’s the problem? I made two comments on this story. The first was an obvious (but perhaps unsuccessful) attempt at humour, the second a valid question.

Is there a personal story you need to get off your chest or something?

Deadmandrinking Deadmandrinking 3:00 pm 18 May 09

Sorry, ‘a violate” should be ‘a volatile situation’. My monday brain is rewriting the english language.

Deadmandrinking Deadmandrinking 2:58 pm 18 May 09

DJ said :

Deadmandrinking said :

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.

You obviously read what you wanted it to say not what Special G wrote….

No, I misread it, that way because of what had been said earlier. Sorry, Special G. I was a bit riled by previous commenter such as Vy, who’s comment was nothing short of disgusting.

But you all need to understand one thing. What is reported in the news is usually only a summary of a very complex issue. This means there can be a range of factors as to why someone gets a light sentence, bail, etc.

Also, Magistrates can’t just go around imposing whatever sentence they feel like. They are bound by legislation as well. A good deal of people get off on minor technicalities, which fall under the responsibility of the DPP more than the magistrate. It’s very easy for people to sit in their lounge-room or behind a computer screen and issue out fantasy sentences, but I defy anyone to say they could do the same behind the bench. It’s hard enough trying to find a balance between an acceptable solution to a violate and the requirements of legislation, let alone appeasing the demands of the greater public.

That is not to say, of course, that people can’t be frustrated about sentences. It’s directing all of this frustration onto one person, trying to use personal affairs to blacken their name and even calling for violence that’s just childish.

Clown Killer Clown Killer 9:04 am 18 May 09

Granny, was that you?

DJ DJ 9:00 am 18 May 09

Deadmandrinking said :

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.

You obviously read what you wanted it to say not what Special G wrote….

smack smack 8:08 am 18 May 09

DMD,

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

Granny Granny 4:34 am 18 May 09

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

farnarkler farnarkler 9:40 pm 17 May 09

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.

Deadmandrinking Deadmandrinking 8:53 am 16 May 09

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.

Pommy bastard Pommy bastard 8:19 am 16 May 09

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

Special G Special G 7:43 am 16 May 09

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.

Special G Special G 7:36 am 16 May 09

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.

DrKarl DrKarl 2:16 am 16 May 09

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

farnarkler farnarkler 10:59 pm 15 May 09

Higgins has been failing for a long time.

Sleaz274 Sleaz274 10:10 pm 15 May 09

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.

jakez jakez 4:41 pm 15 May 09

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.

Jim Jones Jim Jones 4:12 pm 15 May 09

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.

ant ant 4:08 pm 15 May 09

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.

jakez jakez 4:02 pm 15 May 09

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.

Clown Killer Clown Killer 3:57 pm 15 May 09

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.

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