25 October 2012

Duncan Knight out for Christmas after brutal assault

| johnboy
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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.

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Lookout Smithers9:50 am 29 Oct 12

HenryBG said :

Lookout Smithers said :

HenryBG said :

Lookout Smithers said :

I am not so concerned about the courts time, after all we pay for it,

Typical crim-friendly socialist.

Lookout Smithers said :

…I am not sure what prior convictions Mr Knight has or had, it doesn’t change anything.

It changes a lot with regards to how credible he is.

In this case, he has no credibility at all. Saying “sorry” for repeatedly doing the wrong thing should at some point stop working to get you any benefit.

So much hatred in you mate. I am friendly, nothing I can really do about that and I don’t understand why you would want to make that an insult. Opinions are all valid as they are just that. Opinions. Judgement is pointless from me, I got past it. Wouldn’t change a thing and can’t imagine the world without me in it. Be at peace friend.

I had to read that 3 times to figure what you were driving at. When you say “friendly”, you’re really meaning “gullible”, in the same way that Mr Chamberlain thought that being “friendly” to Mr Hitler would solve their problems.

Somebody who will attack a woman on a service station forecourt with a spanner and then kick her in the head when she’s down is somebody who needs to be removed from society for a very long time. And if that someone has a long record of criminal behaviour, “a very long time” should be changed to “forever”.

I can’t believe he didn’t get 6 years for this vicious assault on a woman. Absolutely outrageous.

What do you mean gullible? How ? I believe everything you are telling me? Nothing about that incident disturbs me relative to some of the things I have had the displeasure of witnessing. Someone who does such a thing is not a well character at all. I agree that a swift actioning away from harm. Though I am probably not going to be too bothered if not because of the very rare sort of event that it is. And the fact that it really isn’t up to me. Couldn’t pay me enough. I don’t see how this is gullible. I still remain a reasonable friendly presence, happy enough to live among everyone, convicted of jaywalking and everything else. Makes no difference to my quality of life. I am so unaffected I feel drained having written this. Take some time chill out my good man, still a shite load of good people left out there.

Lookout Smithers said :

HenryBG said :

Lookout Smithers said :

I am not so concerned about the courts time, after all we pay for it,

Typical crim-friendly socialist.

Lookout Smithers said :

…I am not sure what prior convictions Mr Knight has or had, it doesn’t change anything.

It changes a lot with regards to how credible he is.

In this case, he has no credibility at all. Saying “sorry” for repeatedly doing the wrong thing should at some point stop working to get you any benefit.

So much hatred in you mate. I am friendly, nothing I can really do about that and I don’t understand why you would want to make that an insult. Opinions are all valid as they are just that. Opinions. Judgement is pointless from me, I got past it. Wouldn’t change a thing and can’t imagine the world without me in it. Be at peace friend.

I had to read that 3 times to figure what you were driving at. When you say “friendly”, you’re really meaning “gullible”, in the same way that Mr Chamberlain thought that being “friendly” to Mr Hitler would solve their problems.

Somebody who will attack a woman on a service station forecourt with a spanner and then kick her in the head when she’s down is somebody who needs to be removed from society for a very long time. And if that someone has a long record of criminal behaviour, “a very long time” should be changed to “forever”.

I can’t believe he didn’t get 6 years for this vicious assault on a woman. Absolutely outrageous.

Lookout Smithers7:08 am 29 Oct 12

screaming banshee said :

Would you still be at peace if upon his release he does the same to your mother or daughter.

Be honest

I can be honest, it would be shit awful, but I wouldn’t be stupid enough to put my freedom at risk just because of my anger. That passes eventually. But I am sure I will not think twice ongoing as to whether or not something like that happens in the future. I would worry about it if and when it needs to be considered. Can’t live life trying to convince yourself that you are able to control outcomes and people. There isn’t much that can be controlled. If I am lucky I ll get to live long only after a few traumatising events. I have had my share already and I tell you its weird how you don’t always react to things like you feel you should. Bad shit does happen randomly sometimes. But it doesn’t mean it definitely will. If I was the type to carry out vigilante rubbish, I wouldn’t wait for a crime anyway. Why would you? I would just take out my dislikes ahead of time. Its almost the same approach and when its morally ok to take out a mother furore based on how I feel about it, it is just an opinion and a matter of who gets in first. Either way doesn’t reduce crime rate or make it safer . But then again I don’t know that there is anything that can. Not more than what we have now.

screaming banshee10:13 pm 28 Oct 12

Would you still be at peace if upon his release he does the same to your mother or daughter.

Be honest

Lookout Smithers9:21 pm 28 Oct 12

HenryBG said :

Lookout Smithers said :

I am not so concerned about the courts time, after all we pay for it,

Typical crim-friendly socialist.

Lookout Smithers said :

…I am not sure what prior convictions Mr Knight has or had, it doesn’t change anything.

It changes a lot with regards to how credible he is.

In this case, he has no credibility at all. Saying “sorry” for repeatedly doing the wrong thing should at some point stop working to get you any benefit.

So much hatred in you mate. I am friendly, nothing I can really do about that and I don’t understand why you would want to make that an insult. Opinions are all valid as they are just that. Opinions. Judgement is pointless from me, I got past it. Wouldn’t change a thing and can’t imagine the world without me in it. Be at peace friend.

Lookout Smithers said :

I am not so concerned about the courts time, after all we pay for it,

Typical crim-friendly socialist.

Lookout Smithers said :

…I am not sure what prior convictions Mr Knight has or had, it doesn’t change anything.

It changes a lot with regards to how credible he is.

In this case, he has no credibility at all. Saying “sorry” for repeatedly doing the wrong thing should at some point stop working to get you any benefit.

Anti said :

It’s a joke..

Yep. And the joke’s on us.

farnarkler said :

I agree it is great for the victim that she doesn’t have to attend court. I was in the dock 20 years ago for a DUI charge so I’ve been there. Can’t say I enjoyed the experience. With violent criminals like this I believe in a Pavlovian system. Make the punishment so hideous that men (we don’t hear of too many women in court for violent behaviour) will take a really good hard think before they clench a fist. Put the bastards in the ring with a heavyweight boxer every time they commit a crime like this and they’d soon learn to keep their temper in check. Call me medieval but I reckon it’d work.

Judging by the brutal violent behaviour still displayed by some medieval mentality is still prominent in their minds.

I agree it is great for the victim that she doesn’t have to attend court. I was in the dock 20 years ago for a DUI charge so I’ve been there. Can’t say I enjoyed the experience. With violent criminals like this I believe in a Pavlovian system. Make the punishment so hideous that men (we don’t hear of too many women in court for violent behaviour) will take a really good hard think before they clench a fist. Put the bastards in the ring with a heavyweight boxer every time they commit a crime like this and they’d soon learn to keep their temper in check. Call me medieval but I reckon it’d work.

Lookout Smithers8:23 pm 27 Oct 12

HenryBG said :

Lookout Smithers said :

But this guy pleaded guilty and whilst the offence is to be condemned, the honesty and admissions is always going to be a good virtue..

That is reasonable logic for a criminal who’s just been convicted of their first offence.

How long do you reckon Duncan Knight’s list of priors is?

If you’re so concerned about the wasting of court time, maybe find out
a/ Why such an open and shut case of criminality even needs to go to court anyway
and
b/ What caused the 7 months delay between conviction and sentencing.

I am not so concerned about the courts time, after all we pay for it, so much as concerned with a witness having to go to trial and the time it might hang over them should a trial be needed. It can stretch out with retrials and appeals, legal arguments and then be an acquittal. Pleading guilty takes that potential shit fight stress and anxiety away for the victims and or other witnesses. 7 months isn’t ideal no doubt. But its better than a trial and two or three years at least. I am not sure what prior convictions Mr Knight has or had, it doesn’t change anything. He might have had 100 priors . Pleading guilty in this case still spared the victim further trauma and stress, assuming they preferred that outcome. I probably should have been clearer about what is really the main benefit of a person making admissions and pleading guilty, however this is just my opinion based on how I feel about being in court.

screaming banshee2:30 pm 27 Oct 12

Lookout Smithers said :

It feels like you want to ask something more or say more though?

Well I suppose if pushed I would like to add that this individual should be put down like the vicious dog that he is.

Lookout Smithers said :

But this guy pleaded guilty and whilst the offence is to be condemned, the honesty and admissions is always going to be a good virtue..

That is reasonable logic for a criminal who’s just been convicted of their first offence.

How long do you reckon Duncan Knight’s list of priors is?

If you’re so concerned about the wasting of court time, maybe find out
a/ Why such an open and shut case of criminality even needs to go to court anyway
and
b/ What caused the 7 months delay between conviction and sentencing.

Lookout Smithers11:41 am 27 Oct 12

screaming banshee said :

Did you ever consider Smithers that he didn’t own up out of remorse, insight, or honesty, but the fact he was proud of what he did.

Not that exact reason but I considered that the motives for confession might remain the same, and only genuinely known the him. This would not change my view on the virtue of honesty with regard to the court process. It feels like you want to ask something more or say more though?

screaming banshee9:46 am 27 Oct 12

Did you ever consider Smithers that he didn’t own up out of remorse, insight, or honesty, but the fact he was proud of what he did.

Lookout Smithers7:19 pm 26 Oct 12

farnarkler said :

Ok Lookout Smithers so this cretin bashes someone then pleads guilty, saving police and court time. Now what if he does the same thing again? Going to be so lenient?

Of course not mate. I am just trying to highlight the alternative implications if admissions are not made or a plea of guilty isn’t present. It can be that much worse and then there is always the added burden of the outcome being unresolved or worse yet thrown out for what ever reason. A result and cooperation at the start is, in my opinion, a preferable outcome. It isn’t just about saving the courts and police time, though that is a valuable commodity. It is about saving the victim a trial and prolonged period of time having to go over and over the event. Court is a very confronting experience for anyone who isn’t familiar with it and doesn’t understand the law. It is like forfeiting your autonomy. But I promise you it is so much worse if you’re a victim and have to give evidence. That is my point here. It may appear unfair or that the victim hasn’t been properly represented, but if it were someone close to me I don’t know that there would ever be a sentence that says it all.

Ok Lookout Smithers so this cretin bashes someone then pleads guilty, saving police and court time. Now what if he does the same thing again? Going to be so lenient?

Wait up, did I read correctly, he hit HER from BEHIND. What a hard man he isn’t. I hope a few nasty friends of the victim will be in the vicinity of Eclipse house in Civic on 17 December.

Lookout Smithers6:10 pm 26 Oct 12

I don’t know the particulars of the case and I stand with everyone against violence. I am neither a hater of the police as you can’t get the standard of living in this country without the order of law or the police who enforce it. But this guy pleaded guilty and whilst the offence is to be condemned, the honesty and admissions is always going to be a good virtue. It shows some degree of remorse and insight, it saves time and police resources and it prevents a trial where further suffering of others could occur. There isn’t anything to be gained by having a dig at someone who makes admissions and serves time. If anything it would only potentially deter others from coming clean in the future. The legal process aint a perfect one or a pretty one but for honesty in the face of jail is worth something as there will always be so many cases without it. I could only assume that the reason this case was posted online is to perhaps make the community aware of a variety of circumstances and to help explain judgements and the reasons for them when it may not always seem to make sense. This is news to me so I would only be hazarding a guess. I am looking forward to visiting Canberra in two weeks to catch up on everything.

peitab said :

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.

Given the circumstances they were probably hopeful a judge would give a higher sentence than the maximum two years allowed by a magistrate.

johnboy said :

I’m all for rehabilitation.

But you can still conduct a pretty normal life while doing PD. Which rather defeats the purpose of sentencing for my money.

I imagine you can also turn a good profit from bringing in lots of drugs with you on each visit, which the guards are not allowed to take away from you due to that being a breach of your human rights.

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”.

I’m all for rehabilitation.

But you can still conduct a pretty normal life while doing PD. Which rather defeats the purpose of sentencing for my money.

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_Nerd11:00 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.

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.

Comic_and_Gamer_Nerd said :

Disgusting.

+1

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!

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

Periodic detention doesn’t count for mine.

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

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.

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.

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_Nerd9:10 pm 25 Oct 12

Disgusting.

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

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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