DPP appeals rape verdict

johnboy 28 March 2007 35

The Canberra Times reports that the Richard Refshauge (the DPP) is appealing another controversial sentence from our little loved judiciary.

The sentence in question is the rape of a 16 year old girl which earned the rapist, Luke Maddison, 20, of Fisher, a paltry 15 months of weekend detention from Justice Terry Connolly.

“Maddison and co-offender Adam Voughan Stewart, 21, of Kambah, coaxed the Year 10 student into their car near Tuggeranong Hyperdome on the night of June 3, 2005, after she had finished work at McDonald’s.

She had consented to get into Stewart’s car, and he drove to his Kambah home where he swapped cars. The two men then drove the victim to an isolated and unlit place near Kambah Pool, where they took turns raping her despite her constant cries for them to stop.

After the assault, the pair dumped the victim in a Kambah street.

UPATED: Thanks to Stan Bowles for the link, here’s the sentencing transcript in which the victim is blamed (yes the victim was silly to get in the car but how does her silliness justify the pack rape?) and Maddison is praised for his “high level of moral courage”.

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35 Responses to DPP appeals rape verdict
I-filed I-filed 10:11 pm 01 Apr 07

Weekend detention simply does not reflect a suitable punishment given the terror the young woman will have experienced. She will have been genuinely frightened that she might be killed – like Jannine Balding. This was not a kid – this was an 18-year-old. I hope that a close eye is kept on whether the detention is carried out. No exceptions for going to watch footy matches with the kids. And let’s hope the little deadshit is required to pay the maximum $50,000 compensation to the victim out of his own pocket.

Sammy Sammy 10:22 am 31 Mar 07

How about we make them help build the gaol

Get criminals to help build the institution? Woops, we forgot to put the correct amount of (or any) mortar in these bricks.

Thumper Thumper 8:03 am 30 Mar 07

I’m sure there’s a pile of rocks somewhere just crying out to be broken…

Ralph Ralph 8:47 pm 29 Mar 07

why don’t we make all prisoners work full time for very little pay

Good idea, but you have to be careful that whatever work you get them to do doesn’t displace law abiding job seekers and businesses on the outside. So this generally only leaves you with very low skilled work (i.e. manufacturing rego plates).

bigred bigred 6:37 pm 29 Mar 07

VG, I am outraged that they aren’t out gardening or similar. In other places nearby they certainly are loaded into a troop carrier and put to work under the supervision of uniformed corrections officers. Shaming in front of the community is one of the best punishments I can think of that a civilised society can impose. Locking them up for a long time is the reaction of someone who is unable to think laterally. Costs a lot and achieves little.

If mine was involved? I suggest uncontrollable rage would be the initial reaction. The second reaction would be calculated and probably provide the offender with circumstances that could be raised during sentencing.

Deadmandrinking Deadmandrinking 6:11 pm 29 Mar 07

I agree with the first part of berlina’s comment. In fact, why don’t we make all prisoners work full time for very little pay. It’ll probably stop them from stabbing, bashing and raping each other if they go back to their cells too tired to move.

VYBerlinaV8 now_with_added grunt VYBerlinaV8 now_with_added grunt 11:38 am 29 Mar 07

The sentence is a joke. Weekend detention is a wank. And if he doesn’t turn up on time, noone will do anything about it.

How about we make them help build the gaol, then live there for a while?

vg vg 10:15 pm 28 Mar 07

Tough 15 months my ass. Do you actually know what they do in weekend detention.? The majority of his time will be spend sitting on his bum doing nothing. They don’t do other people’s gardening. He will be allowed a number of ‘unexplained absences’ and he gets to live in airconditioned comfort.

I can guarantee your opinion would be markedly different should it have been your child involved.

This adds up, by my guesses, to 116 days in custody. Just under 4 months for rape. If you think this is tough I’d hate to see what you consider ‘brutal’. Loss of pocket money for a week?

bigred bigred 8:08 pm 28 Mar 07

I think Mr Connolly has made a very wise decision here. The offender gets to work 5 days each week. He then gets to do other peoples gardening on weekends. Seems like a tough 15 months. He does not get to mingle with criminals in a NSW prison and learn bad habits he can use when released. I have one lingering doubt though: why is a “good boy” mixing with a hardened criminal? Something tells me he hasn’t been in trouble before only because he hasn’t been caught.

Having a 15 yo daughter who has just started fast food type work, this case tells me she won’t be walking home.

vg vg 6:36 pm 28 Mar 07


vg vg 6:26 pm 28 Mar 07

After the successful Hiller appeal DPP are on a bit of a roll exposing the inadequacies of the ACT judiciary. Having said that Terry Connolly, although I wasn’t a fan when he was a minister, has done some good things. The inconsistency is incredible.

I guess how frustrated myself and my colleagues get is starting to be seen publically with sentences like this.

Pandy Pandy 6:07 pm 28 Mar 07

Why can’t we all justget along?

caf caf 2:20 pm 28 Mar 07

Re the last few comments, this is only for one of them – the other one is still up for sentencing I believe (and reading some of the contents in this sentencing, it sounds like he might be in line for something harsher).

futto futto 2:09 pm 28 Mar 07

it was premeditated and the fact that they took the wrap for it straight away means that they knew what they were about to do was wrong.

I hope the appeal is won. This sentence is no more than a token. Sure, these kids probably wont re offend, but the sentence should have some factor of punishment.

I DO plan to write a letter in to my member if the appeal fails.

DarkLadyWolfMother DarkLadyWolfMother 2:06 pm 28 Mar 07

Having read the sentencing, I hereby decline to ever call Connolly ‘Honourable’

And with weasel words like: So periodic detention is not in effect a sentence of periodic detention. It is a sentence of full-time imprisonment but with the rider that it be served on weekends. you have to wonder at how his logic circuits work anyway.

Kramer Kramer 1:59 pm 28 Mar 07

I definiitely agree that they deserve a harsher punishment, and as much as I would like to see them castrated and locked up with some big herpes infested inmate called Bubba – people should be sent to prison as punishment, not for punishment. So a longer continous sentence in a lower security facility would have been far better in this case.

Ralph Ralph 1:14 pm 28 Mar 07

Spake the bleeding heart.

Heavs Heavs 12:59 pm 28 Mar 07

Just remember, this is the same judge that, less than 6 months ago, slotted a rapist for 30 years. There are obviously reasons for his sentencing in this case. It’s very easy to make snap judgments from behind a keyboard. There are many factors that go into sentencing – co-operation with authorities is just one of them. If you don’t like it write to your local member and get the legislation changed. Judges can only go on the legislation they have to work with.

Sammy Sammy 12:55 pm 28 Mar 07

Initially I was appalled.

After reading the sentencing, not so much.

bonfire bonfire 11:41 am 28 Mar 07

and he wasnt too sorry.

the cops had to turn up to his door.

up until that point he may have thought he got away with it.

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