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Courts get tough on assault, when driving off violent gatecrashers

By johnboy 9 December 2005 6

ABC Online have got an interesting story up about one Stuart Michael Fleming who’s been sentenced to two years and three months for an assault with a letterbox wielded as an axe which left his victim with brain and spinal injuries.

Sounds fair enough?

Well maybe, except the “victim” had been part of a mob of gatecrashers who’d invaded the party Stuart was at with baseball bats. Apparently Stuart lost it when he saw his brother bludgeoned down by the gatecrashers, the partygoers rallied and drove off the attackers and while chasing them away the assault took place.

The sentence will be suspended once Stuart does three months of weekend detention.

What do you guys think of Justice Higgins tough stand?

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6 Responses to
Courts get tough on assault, when driving off violent gatecrashers
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Kandy A 2:02 pm 14 Dec 05

did they break any beer steins? or just turn up and bludgeon the bloke’s brother

justbands 12:39 pm 13 Dec 05

I would have done exactly the same question. In fact, I applaud what he did to protect his own family.

Justice Higgins (& anyone else in the same position) would do well to keep in mind what the community considers acceptable behaviour. Crashing parties aremed with baseball bats with the intent of being violent is NOT acceptable. Chasing them away using necessary force after watching your own brother get violently assaulted IS acceptable.

What message are we trying to send here? “It’s OK to crash parties with bats & hurt people…the law will protect you”. Fuck that. I was quite angrey when I read about this in the paper. The law is an arse.

RandomGit 11:43 am 12 Dec 05

Personal responsibility folks, personal responsibility.

Thumper 8:06 am 12 Dec 05

JB has got a very good point there.

I for one would not be very happy to see my place gatecrashed by baseball bat weilding thugs, and even less happy if one of my brothers were belted.

I would have done the same I’m afraid.

Justice Higgins needs to arrive in the real world where people are becoming increasingly frustrated at the punishments dealt out to criminals and where the victim often ends up the criminal.

johnboy 9:24 am 10 Dec 05

I dunno G,

if the bloke had just attacked your party with a baseball bat, and you thought your brother was dead as a result, how would you react?

Special G 9:21 am 10 Dec 05

He should have used the Cook defence. I just kept hitting him until he stopped your honour. Perfectly legitimate self defence arguement in the ACT as I see it. O r maybe he wasn’t entitled to using it because he didn’t kill him.

On the other hand. 3 months of weekend detention for braining a bloke with a letter box is far from tough. It’s in line with ACT sentencing.


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