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Duncan Knight out for Christmas after brutal assault

By johnboy - 25 October 2012 36

Justice Burns has been putting a lot of judgments online today. this one in particularly struck a chord involving a Duncan Knight:

At this time you ran towards the complainant and the vehicle. You were carrying a long chrome spanner in your hand. As the complainant was looking down to insert the petrol nozzle into the fuel tank you ran up and smashed the rear window of the vehicle with the spanner. You then punched the complainant from behind with a clenched fist to the right side of her head, causing her to be knocked to the ground. The complainant had not seen you approach and had no time to defend herself.

When on the ground the complainant attempted to cover her head with her hands and you were heard to yell, “I can’t believe you thought you were going to get away with it”. You then began kicking the complainant to the head with your right foot. At the time you were wearing black leather work shoes. You then lifted the complainant’s head by her hair and kicked her again to the face. You kicked her forcefully to the head and face region on at least two occasions.

This occurred on 2 November 2011. There were multiple witnesses, lots of evidence, and when approached by police he said:

I did it, it was me and I’m the one you’re looking for

He plead guilty.

And despite that it’s nearly a full year before we get to sentencing?

Furthermore with a bigger record than the average citizen he’s only in full time imprisonment from 17 September 2012 to 16 December 2012.

What’s Your opinion?


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36 Responses to
Duncan Knight out for Christmas after brutal assault
peitab 1:30 pm 26 Oct 12

johnboy said :

Periodic detention doesn’t count for mine.

Not that I’m defending this particular sentence, but I believe PD does count – it’s still a loss of liberty no matter how you cut it.

Plus, in general I prefer that most custodial sentences in the ACT have tailing-off periods from the period of full-time detention (e.g. parole, PD or some sort of supervision by Corrective Services). It’s better for the community that the offender knows they’re still being actively watched, rather than throwing open the prison doors at the end of full-time detention and saying “you’re on your own – do what you like”.

HenryBG 12:02 pm 26 Oct 12

Comic_and_Gamer_Nerd said :

Neither does anxiety. Infact the only thing on that list that would is using ice. And that should never be used as a excuse or for a more lenient sentence.

It should be an aggravating factor in sentencing. Not just a dick, but a dick that takes drugs that make you even more of a dick.

Comic_and_Gamer_Nerd 11:00 am 26 Oct 12

Thumper said :

Jivrashia said :

Even though the judge stated that they did not “significantly contributed” to the crime I’m thinking that the guys state of mental health was taken into consideration.

Anxiety, depression, ADHD, PTSD, and doing ice.

PTSD and depression don’t make you kick the shit of defenceless women.

Neither does anxiety. Infact the only thing on that list that would is using ice. And that should never be used as a excuse or for a more lenient sentence.

This dickhole should be locked up for at least 10 years.

Henry82 10:28 am 26 Oct 12

Comic_and_Gamer_Nerd said :

Disgusting.

+1

bundah 9:59 am 26 Oct 12

Thumper said :

Jivrashia said :

Even though the judge stated that they did not “significantly contributed” to the crime I’m thinking that the guys state of mental health was taken into consideration.

Anxiety, depression, ADHD, PTSD, and doing ice.

PTSD and depression don’t make you kick the shit of defenceless women.

Excerpt from edited transcript of proceedings:

“I note that you commenced using amphetamines at 24 years of age. I note that you still have issues in relation to the use of that substance. Most recently your amphetamine use was recommenced by virtue of prescriptions of dexamphetamine provided to you by a psychiatrist who had diagnosed you with adult attention deficit hyperactivity disorder (ADHD). I note that you have also been diagnosed with post-traumatic stress disorder (PTSD)”.

It’s a good thing the psychiatrist’s evaluation and prescribed medication was on the money coz imagine how violent he would’ve been without it!

johnboy 9:57 am 26 Oct 12

Periodic detention doesn’t count for mine.

eh_steve 9:55 am 26 Oct 12

While still manifestly inadequate, I think it is worth noting John that the sentence will be completed in 2013, not 2012.

Thumper 9:36 am 26 Oct 12

Jivrashia said :

Even though the judge stated that they did not “significantly contributed” to the crime I’m thinking that the guys state of mental health was taken into consideration.

Anxiety, depression, ADHD, PTSD, and doing ice.

PTSD and depression don’t make you kick the shit of defenceless women.

HenryBG 9:20 am 26 Oct 12

So, is this drowsy procrastination or torpid langour in action?

LSWCHP 10:40 pm 25 Oct 12

Man king hits woman and knocks her to the ground. Man then proceeds to repeatedly kick her in the head with his work boots while shouting abuse at her. Man then tells cops “I done it”.

Man gets a year in the slammer.

I think I can now officially declare that I no longer understand how the world works.

peitab 9:43 pm 25 Oct 12

I wonder why this was pushed to the Supreme Court? As disgusting as these offences are, AOABH and Using a carriage service to menace aren’t usually offences that have to be dealt with in the SC.

Jivrashia 9:38 pm 25 Oct 12

Even though the judge stated that they did not “significantly contributed” to the crime I’m thinking that the guys state of mental health was taken into consideration.

Anxiety, depression, ADHD, PTSD, and doing ice.

Comic_and_Gamer_Nerd 9:10 pm 25 Oct 12

Disgusting.

Anti 8:44 pm 25 Oct 12

It’s a joke. Really it is. Lame arse sentencing at its best.

bundah 7:48 pm 25 Oct 12

To say that i continue to be disgusted by manifestly inadequate sentencing standards that have been adopted by successive judges in the ACT and Oz in general would be an understatement.Knight pleaded guilty to the charges in the Magistrates Court on 15 March this year yet it has taken over six months to sentence him??

Justice Burns sentenced Knight to full-time prison until 16 December 2012 .Seven months commencing on 17 December 2012 and expiring on 16 July 2013 will be served by way of periodic detention. The balance will be suspended and there will be a good behaviour order for a period of two years commencing on 17 December 2012. Burns went on to say that in his opinion general deterrence is the most significant sentencing consideration with respect to this type of offence.

Naturally i fully concur however as is the norm leniency has and continues to be the flawed approach by our esteemed,learned judiciary.

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