11 December 2011

Increased or decreased sentence for assault?

| Special G
Join the conversation

Saw an article in the Canberra Times yesterday claimed DPP had won an appeal against a manifestly inadequate sentence.

Quick rundown
Man assaults mother (chainsaw in there somewhere too) and gets convicted and fined $2500.
DPP appeals
Judge find manifestly inadequate sentence and:
1 – sets aside the fine
2 – sentences him to 7 months imprisonment
3 – suspends the 7 months imprisonment
4 – 18 month Good behaviour

Now I am not one of the genius legal minds of our age but to me that simply reads as though he had a fine, now he doesn’t and he doesn’t go to jail either.

The bloke must be cheering.

Join the conversation

All Comments
  • All Comments
  • Website Comments

After finding the offences against the respondent proved, his Honour received a copy of the respondent’s prior criminal history. In addition to numerous traffic offences, that history revealed that the respondent had been convicted of two offences of assault in 2001, resulting in a suspended term of imprisonment, offences of assault, contravention of protection order and damaging property in 2005, resulting in further suspended terms of imprisonment, and seven offences of using a carriage service to menace, harass or offend in 2005, resulting in the imposition of fines. The respondent breached a good behaviour order imposed as part of a suspended sentence for an offence of assault in February 2005, and in October 2005 that breach was admitted and the respondent was sentenced to 70 days imprisonment.

Isn’t this the guy who also faced charges for animal cruelty?

whitelaughter3:11 pm 11 Dec 11

that.. is bizarre….
It’s not a typo either, the judgement is here: http://www.courts.act.gov.au/resources/attachments/Saddler.htm
reading through that, other considerations that weren’t in the article:
– the 4 children of the male victim were also present, ranging from 6-14 years.
– male victim attempts to close door on chainsaw wielding maniac, it’s forced open.

Looking at previous articles (http://www.canberratimes.com.au/news/local/news/general/2500-fine-for-man-wielding-chainsaw/2099184.aspx) apparently this psycho tried to claim that he thought that the guy was ‘a robber’ – yeah, break your mothers wrist to protect her from a robber, so believable mate…


The thing with good behavior bonds is this sort of bloke wont be able to stay out of trouble for 18 months. Meaning if and when he reoffends he will serve the 7 months + potentially more time for the new offence. IMO GBB should only be for those with no criminal history, average Joes who have done something out of character. Not for seasoned criminals.

Nothing wrong with the way you are reading it Special G. He got off scott free with no real punishment at all.

I guess a conviction was recorded to add to his list but that was it. Maybe theres more to this side of the story that isnt immediately apparent.

Daily Digest

Want the best Canberra news delivered daily? Every day we package the most popular Riotact stories and send them straight to your inbox. Sign-up now for trusted local news that will never be behind a paywall.

By submitting your email address you are agreeing to Region Group's terms and conditions and privacy policy.