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DPP to contest King rape sentence

By Thumper - 27 March 2008 13

The Canberra Times is reporting that the ACT Director of Public Prosecutions will appeal against the sentence given to a repeat sex-offender who broke into an O’Connor woman’s home and raped her while she slept, on the grounds it was “manifestly inadequate”.

In the ACT Supreme Court earlier this month, Justice Hilary Penfold sentenced Kenny King, 33, to a minimum of 20 months’ jail, and a maximum of two years and 10 months. Taking into account time already spent in custody, King will be eligible for parole in January.

King had previously been jailed for three years for a sexual assault committed in Lismore, northern NSW, in 1993, when he was 19 and also had a lengthy criminal history including previous prison sentences for assaults, thefts and traffic-related offences.

The court heard King had lived in “unsettled and abusive” households since his mother had died when he was aged three, and he had left home aged 12. He had never gone to school and drank to “extreme intoxication” most days, sometimes up to 100 drinks a day.

Justice Penfold described King’s childhood as “extraordinarily sad” and said, “Imposing a term of imprisonment is not easy, and it is particularly difficult when an offender has had such a tragic life as Mr King.”

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13 Responses to
DPP to contest King rape sentence
CanberraResident 4:40 pm 27 Mar 08

The ACT Remuneration Tribunal was my starting point.

Determination 17/2007 of that Tribunal clearly states that the Chief Justice of the Supreme Court of the ACT is paid an ALLOWANCE, in addition to his or her remuneration.

Here’s the wording:

“An allowance at the rate of $31,990 per annum shall be payable to the Chief Justice of the Supreme Court in addition to the remuneration payable to him or her in respect of his or her appointment as a Judge of the Federal Court of Australia.”

OK, so then I went to the Remuneration Tribunal website (the Federal one) at http://www.remtribunal.gov.au, clicked on “judicial and related offices”, and then the Determination 2001/11 pdf link. Table 1 shows all the pays for judicial officers throughout Australia. According to the statement above, Supreme Court Justices are regarded as Judges of the Federal Court of Australia.

That Determination shows $352,010 pa for a Chief Justice, and $319,900 pa for Justices of the Federal Court, plus the allowances they get through the ACT Remuneration Tribunal.

Somebody, please correct me if I’m barking up the wrong tree.
Sorry people, posting a link on this site confuses me to all buggery.

Next step, go to law school for me.

neanderthalsis 4:32 pm 27 Mar 08

Well, with thanks to the wonder that is google, $228,597 per annum shall be payable to a Magistrate; The Master of the Supreme Court in the ACT receives remuneration at the rate of $239,135 plus allowances. Nothing on your plain garden variety Justice of the Supreme Court that I found in my quick skim, but somewhere around the above figures would be my guess.

The Renumeration Tribunal has the hard data, including the rates of pay of our MLAs.
http://www.psm.act.gov.au/remtrib/determinations.html

shauno 3:12 pm 27 Mar 08

“That’s why we pay her a hell of a lot more money than most of the rest of us will ever see.”

Any one know where we can get a list of Public service Salary’s

papadoc 2:57 pm 27 Mar 08

Imagine this circle of life…

1. King has hard upbringing, drinks too much, rapes woman.

2. Judge pissweak sets him free to reoffend.

3. Woman raped by King struggles emotionally

4. Woman’s children have tough upbringing due to Mum’s issues

5. Children drink to forget Mum’s torture inflicted

etc. etc. etc.

By letting this guy back into the real world, are we not setting up someone else for a shitty life?

Penfold needs a dose of reality. Maybe Mr. King can pay her a visit once he’s out?

Special G 2:43 pm 27 Mar 08

Finally DPP getting some cojones and actually contensting the sentences handed out by the supreme Court. If they keep doing it maybe the Court will get the message they are not representing the views of the community.

Mike Crowther 2:29 pm 27 Mar 08

I love J. Penfold’s comment “Imposing a term of imprisonment is not easy….,”
That’s why we pay her a hell of a lot more money than most of the rest of us will ever see.
She should either do the bloody job or go back to conveyancing and give someone else a go.

Mr Evil 1:27 pm 27 Mar 08

Perhaps he promised Penfold that he wouldn’t offend again, and that he felt great shame at his actions?

Thumper 12:36 pm 27 Mar 08

He’s a repeat offender. He’ll offend again no matter what anyone does.

Sad, yes. Tragic, yes. A fact of life, yes….

AussieGal83 12:26 pm 27 Mar 08

Maybe when he’s parolled he can go and rape Justice Penfold and see how she likes it. Maybe then she wouldnt be so dismissive of the matter.

neanderthalsis 11:30 am 27 Mar 08

How does one consume up to 100 drinks in a day? I’m surprised his liver has not filed for divorce.

Yes the man had a sad and sorry life, but that is no excuse for harming others. The ACT judiciary need to harden up; the community demands much more that warm and fuzzy, pinko, “depressed because his mother breast fed him with cracked nipples until he was seven”, pansy mumbo jumbo. Their role is to protect the wider community from criminals, something they seem very reluctant to do.

sepi 11:17 am 27 Mar 08

Yes.
If a ‘tragic life’ leading to anit-social behaviour is an excuse, there needs to be a program in place where you can put these people to try to recover from their sad upbringings. Eg – a looney bin.

fnaah 11:10 am 27 Mar 08

Brainlessness like this makes me livid – a “tragic life” or an “extraodinarily sad” childhood should NOT be an excuse for violating the rights of others.

No more excuses! >:(

CanberraResident 11:01 am 27 Mar 08

I’ve met ventriloquist dolls that have more guts than these judges.

Now THAT’s tragic.

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