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King hit outcome lets Canberra down again

By sunshine 23 January 2014 48

3 months weekend detention is disgraceful. [Canberra Times story]

Hopefully the offender doesn’t go and he ends up serving his time out in full at the AMC


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King hit outcome lets Canberra down again
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A_Cog 12:01 pm 05 Feb 14

The ACT doesn’t need one-punch laws because we already have prescribed imprisonment penalties with maximum numbers of years attached to each offence type. What we need is for our judges to consider ALL F#$KING SEVEN factors for sentencing as they exist in the Crimes (Sentencing) Act 2005, and also consider the maximum imprisonment prescriptions under the ACT’s Crimes Act and Criminal Code. Anything else, and it shows that they’re out of touch with the community they purport to protect, and unfamiliar with the laws they follow when imposing sentences.

Why can’t Murrell CJ and Refshauge (miserable failure of a J) be more like Justice Neild (the recent NSW import)? Burglary? SIX YEARS! Violent attempted armed hold-up? SEVEN-AND-A-HALF! Murder? TWENTY-TWO! Neild is imposing sentences under the same legislation which Refshauge and Murrell ignore.

I agree with AG Corbell (or as I refer to him, Batman) that the ACT doesn’t need new laws or sentencing provisions. No Batman, we don’t need new tougher laws. We need a new tougher bench, modelled after Neild. We need these jokers masquerading as justices (and chief justices) to apply the ACT laws Neild has applied in their own sentences in a way consistent with Neild’s measure of justice.

bundah 10:23 am 05 Feb 14

Unsurprisingly Attorney-General Corbell thinks nothing needs changing with the current laws and doesn’t want to undermine judicial independence in any way unlike NSW. He’s so politically correct it’s sickening…

http://www.canberratimes.com.au/act-news/no-onepunch-laws-in-act-says-corbell-20140203-31xpn.html

Tooks 11:52 pm 04 Feb 14

incredulousandridiculous said :

Skidd Marx said :

Check out his FB profile. Dude is a complete sack.

I was heartened to know we have no mutual friends. What’s atrocious, though, is that some 1300 people have seen fit to have him on their friends list. Surely at least a quarter of them would know about the conviction now and not be so close to him as to be proper friends in real life. Plus the fact he seems to have been a bastard before this.

I cut my own list down to just over a 1000 for crimes as terrible as someone posting more than three photos of their dog, inviting me to Farmville et al or talking about My Kitchen Rules. Why do people want to be associated with a criminal dropkick?

I’ve never coward-punched anyone, but these sagas only confirm to me how the more mean you are, including ruining someone’s life through violence, the greater the popularity you can maintain. A majority may hate you (if they figure out who you are, which they usually won’t). But you attract enough people with your dropkickery who like to be around you, even if online.

No, I think it is weak as piss.

banco 9:39 pm 04 Feb 14

A_Cog said :

Another dud sentence from a light touch CJ. First it was the library pedo, now this.

She’s a left wing luvvie, former legal aid lawyer so hardly surprising.

milkman 6:01 pm 04 Feb 14

A_Cog said :

Another dud sentence from a light touch CJ. First it was the library pedo, now this.

I have to wonder how long it will be before people start taking the law into their own hands to deal with these scumbag offenders? What’s the point of having them prosecuted? And besides, if you go and kill the scumbag who hurt your kid/brother/etc you’ll probably get off with a slap on the wrist yourself!

A_Cog 3:14 pm 04 Feb 14

Daniel Byrne’s sentence is a joke. ACT judges have seven grounds to consider when sentencing: justice, deterrence, protecting the community, rehabilitation, personal accountability, denunciation, recognition of harm to victim.

Sure, because Byrne is 21, he has prospects of rehabilitation, and sure, AFTER he’d done it he expressed remorse (personal accountability) so go lightly on those two factors. But to basically disregard the other five factors?

Another dud sentence from a light touch CJ. First it was the library pedo, now this.

NoImRight 2:48 pm 04 Feb 14

Wait. Changing the name to coward punch hasnt resulted it its immediate cessation as a form of attack? Im amazed.Usually Govt changing the name of something is all thats needed to immediately destroy the victim of their anger. No further action needed. Oh yummy Freedom Fries!!

bundah 2:39 pm 04 Feb 14

Tooks said :

Tooks said :

Despite what many people think, a hell of a lot of crooks are being sent to jail, but for fairly short periods of time. Being recidivist offenders, they do their short lag, get out then do what they know best.

Have a look at the Crimes Sentencing Act (particularly around pages 30 and up) and look how much the victim is taken into consideration compared to the offender. That act is broken in my opinion and needs to be reviewed.

It will be interesting to see what sentence that Daniel Byrne coward gets next month for his dog shot on the Irish bloke who has permanent brain damage.

http://www.canberratimes.com.au/act-news/man-jailed-for-drunken-punch-that-left-victim-with-serious-brain-injury-20140203-31×65.html

Well, that answers that.

So do you believe that 3½ years’ prison, to be served as 12 months’ full-time custody, followed by six months of periodic detention is a reasonable sentence particularly as the victim has permanent cognitive impairment due to the coward punch?

Tooks 12:03 am 04 Feb 14

Tooks said :

Despite what many people think, a hell of a lot of crooks are being sent to jail, but for fairly short periods of time. Being recidivist offenders, they do their short lag, get out then do what they know best.

Have a look at the Crimes Sentencing Act (particularly around pages 30 and up) and look how much the victim is taken into consideration compared to the offender. That act is broken in my opinion and needs to be reviewed.

It will be interesting to see what sentence that Daniel Byrne coward gets next month for his dog shot on the Irish bloke who has permanent brain damage.

http://www.canberratimes.com.au/act-news/man-jailed-for-drunken-punch-that-left-victim-with-serious-brain-injury-20140203-31×65.html

Well, that answers that.

Dork 1:01 pm 24 Jan 14

Just to clarify a few things,
– I was just saying that they were suggested, geez. They link together so that staff members can blacklist individuals who are known for starting fights. The idea is that if they are not allowed into the clubs, what’s the point of going out? Scanners are used all the time now, and have been successful elsewhere. Not sure about the privacy thing, but surely if you have a problem with it, you wont go and that’s your choice?

– This man is not the one with two cops as parents. He was sentenced last week and got 12 month good behaviour bond and 200 hours community service. His victim was king hit, and then beaten, while he was unable to defend himself.

http://www.canberratimes.com.au/act-news/police-officers-son-king-hit-man-in-unforgiveable-attack-20140117-30zm4.html

Tooks 9:57 am 24 Jan 14

Despite what many people think, a hell of a lot of crooks are being sent to jail, but for fairly short periods of time. Being recidivist offenders, they do their short lag, get out then do what they know best.

Have a look at the Crimes Sentencing Act (particularly around pages 30 and up) and look how much the victim is taken into consideration compared to the offender. That act is broken in my opinion and needs to be reviewed.

It will be interesting to see what sentence that Daniel Byrne coward gets next month for his dog shot on the Irish bloke who has permanent brain damage.

FioBla 9:55 am 24 Jan 14

gizmo1 said :

It has been made abundantly clear in the last few years anyone can beat the crap out of someone, wait to go to court and unless they have grievously injured or killed someone, get off scott free.

Eyyyy. Let’s bring this up in the next thread about chuggers.

A_Cog 9:20 am 24 Jan 14

Tooks said :

Yet in today’s paper we have this story

http://www.canberratimes.com.au/act-news/is-the-act-sending-too-many-criminals-to-jail-20140123-31a4i.html

Go figure.

The Law Society’s argument is “the rate now is higher than it used to be, so that is bad”.

Three counter points:
1. Maybe the earlier rate was a joke (and I think the new higher rate and still-short durations is still pissweak, but at least Higgins is gone, now just Refshauge is left)
2. the Law Society members actually benefit from low rates of incarceration where the crims also have high rates of recidivism. They put [more] food on the table and pay their [bigger] mortgages if more douchebags commit more offences when they could have been locked up. I can see why the Law Society opposes locking up d-bags.
3. Incarceration is not only about rehabilitating douchebags. It is also about keeping dangerous people away from the rest of us as long as possible, thus minimising the harm they do eventually commit. The high ACT recidivism rates show this harm definitely comes, so yeah, lock em up as long as you can because when they get out…

So how about this, ACT Law Society: custodial sentences include mandatory education courses (trades?), and you don’t get released until you have a vocational qualification.

Jungle Jim 9:00 am 24 Jan 14

slashdot said :

Dork said :

In regards to what Canberra should do, even though it’s not the clubs problem. I believe it’s in their best interest to come up with a solution before one is forced on them. ID scanners have been suggested on a lot of online forums/blogs as an alternative to the NSW laws.

Yes because we want to make it even easier for people to steal our ID. I have no idea how clubs can scan IDs and meet the requirements of the Privacy Act.

All of our sports clubs do this already for members guests. You scan your ID in order to be signed in by a member. Not sure what the big deal is. I’ve been to The Alex (big pub in Alexandra Hills, QLD) and have had to scan my ID and have my photo taken before getting in. This was about 3 years ago and my identity remains unstolen.

Spiral 7:21 am 24 Jan 14

I wonder if his girlfriend is still with him. I would hope not as he seems to have domestic violence written all over him.

TheBusDriver 6:48 am 24 Jan 14

Hang on, I know of this moron. He thretened to punch me on the bus once because he forgot his stop and expected me to tell him where it was. He didn’t ask me to tell him, he just expected me to read his mind and remind every passenger where they should get off.

Antagonist 6:46 am 24 Jan 14

astrojax said :

gizmo1 said :

Lesson, defend yourself (if you get the opportunity), bugger the consequences cause odds are you can pretty much do what you like.

i gather the concept of these ‘cowards punches’ (the new nomenclature) is that there is little provocation and no time for self defence. not much of a lesson, then.

The new nomenclature was not needed. If they want to use an alternative name, then one was already in use – ‘sucker punch’. As in ‘that sucker punching bitch should have been given a custodial sentence’.

astrojax said :

that said, i have no idea of this offender’s personal circumstances or history, so perhaps in his infinite wisdom, this actually was an appropriate sentence by the learned magistrate?

Apparently BOTH of his parents are cops. He most certainly should know better. The sentence appears to be inadequate.

incredulousandridiculous 12:51 am 24 Jan 14

Skidd Marx said :

Check out his FB profile. Dude is a complete sack.

I was heartened to know we have no mutual friends. What’s atrocious, though, is that some 1300 people have seen fit to have him on their friends list. Surely at least a quarter of them would know about the conviction now and not be so close to him as to be proper friends in real life. Plus the fact he seems to have been a bastard before this.

I cut my own list down to just over a 1000 for crimes as terrible as someone posting more than three photos of their dog, inviting me to Farmville et al or talking about My Kitchen Rules. Why do people want to be associated with a criminal dropkick?

I’ve never coward-punched anyone, but these sagas only confirm to me how the more mean you are, including ruining someone’s life through violence, the greater the popularity you can maintain. A majority may hate you (if they figure out who you are, which they usually won’t). But you attract enough people with your dropkickery who like to be around you, even if online.

incredulousandridiculous 12:28 am 24 Jan 14

What’s the difference between maiming a guy permanently for life and sexually assaulting or raping a young woman?

The latter seems to get you five to eight years behind bars, but even with permanent physical injury (including brain damage) you struggle to get more than three months periodic detention for the former. I’m yet to see a cogent reason as to why the level of psychological suffering and trauma is measured differently by the courts, not to mention the fact that serious assault victims are more likely to be physically incapacitated in the long-term or permanently.

The victims and their families suffer just as much in either case, so why the discrepancy in the punishment? I think we punish young men who are victims of crime, merely because their assailants are of the same gender. David Rice (gave his victim a permanent head disfigurement) and this Orry Kuzma dropkick got periodic detention, and Logan Dunlop and John Totini (inflicted a $30,000 orthodontic bill after hitting the wrong man) “copped” no jail at all. You can search the Canberra Times for these horrific stories (both for the crimes and horrendous sentencing knock-ons).

I think our judiciary adheres to a watered-down concept of “boys will be boys”, except usually it’s one narcissistic man ruining the life of an innocent other. It is high time that the judicial chivalry ends and we treat victims with some semblance of equality by bring assault penalties up to speed.

magiccar9 11:20 pm 23 Jan 14

johnboy said :

In regards to what Canberra should do, even though it’s not the clubs problem. I believe it’s in their best interest to come up with a solution before one is forced on them. ID scanners have been suggested on a lot of online forums/blogs as an alternative to the NSW laws.

Perhaps I’m missing something but how are ID scanners going to prevent this sort of assault? All they do is tell you who’s entered an establishment, and considering most of the one-punch assaults happen outside in the public places I believe ID scanners would be irrelevant.

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