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Not guilty of being deliberately misleading, it’s just an episode of lazy reporting [In Boomacat’s incompetent opinion]

By boomacat - 27 November 2006 27

If you’d read a recent post of Johnboy’s from a few days ago [ED – Not only am I such a nice guy that I’m letting Boomacat’s grossly unfair attack on me run, I’m also fixing he/she/its incompetent hyperlinking], you could be forgiven for thinking that our criminal justice system was riding the fast train to hell in a handbasket.

For those of you who didn’t catch the story, here’s a quick synopsis Johnboy’s version of events: Peter John Gibson, who admitted to assaulting a couple of women, a police officer and even a dog, received a “not guilty” verdict from Justice Connolly of the Supreme Court of the ACT and effectively got off scott free because he was in the grips of a psychotic episode at the time the acts took place.

Outrage cried the masses! According to my fellow RiotACTers, this proved once and for all that “in the ACT, if you suffer a mental illness, you can get away with anything”, that our Judges were too soft and out of touch with the community and also that in Canberra pleading mental illness was equivalent to a “get out of gaol free card”.

It’s a shame that my RiotACT friends (who are ostensibly internet savvy) didn’t bother to conduct a bit of rudimentary online research before accepting this version of events as gospel and riding off into the sunset to lynch the culprit like a bunch of vigilante thugs. If they had, they’d might have visited the court’s judgement themselves, and they could have discovered that the way in which Johnboy presented the story is unfortunately inaccurate.

Peter John Gibson did NOT receive a regular verdict of “not guilty”. Quite the contrary. He received a ”special” verdict of “not guilty by reason of mental impairment”. This is the modern version of the old common law defence of “insanity” and in no way results in the perpetrator getting off scott free. Justice Connolly explains the distinct nature of this special verdict in his judgement, which can be found on the Supreme Court website.

Paragraph 61 of the judgement explains that under the old common law rules the consequence of such a verdict “was indefinite detention at the Governor’s pleasure”. Under the current law, “the default position is that…the accused should be detained…until the Mental Health Tribunal has had the opportunity to review the matter and determine otherwise. [T]his might be a matter of months or years, if they are a continuing threat to themselves or the community”. Hardly a get out of gaol free card.

As Justice Connolly further explains, there is provision for the Supreme Court to avoid detention and allow the person to be supervised by the Tribunal in the community. His Honour, who acknowledged the disturbing nature of Mr Gibson’s “frankly violent” behaviour, concluded that such an arrangement was the most appropriate option for him. Factors affecting His Honour’s decision included the fact that the defendant’s actions were an aberration unlikely to reoccur and also that “the Mental Health Tribunal did make an order for involuntary detention immediately after these offences, but it lifted this order after one week” (see paragraph 69 of the judgement).

Rather than being the work of an activist, bleeding heart, out of touch judiciary, His Honour’s verdict was actually supported by the Prosecution. See paragraph 55 of the judgement for confirmation of this fact.

The truth about this unfortunate matter is this: Justice Connolly genuinely understood these disturbing events and sentenced the perpetrator, who will now benefit from the careful supervision of the Mental Health Tribunal, accordingly. The judgement is not a transient and ill-conceived outrage; it is actually the well reasoned product of a few hundred years of English law.

I guess the big picture for me is that a great deal of reporting about the law is utter crap, especially when it comes to criminal justice issues, which is unfortunate because it unnecessarily undermines the public’s confidence in the justice system. The reporting of Mr Gibson’s situation is a prime example of this. Don’t allow yourselves to be manipulated, check the facts yourselves and do some independent thinking about the situation next time you stumble across one of these stories.

OK there’s my rant for the week thanks for indulging me.

[ED – At the time of writing the judgment was not available and my “lazy reporting” involved linking (not hashing up a link like Boomacat) to the ABC’s reporting, which Bommacat was unable to find fault with at the time, enjoy]

What’s Your opinion?


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27 Responses to
Not guilty of being deliberately misleading, it’s just an episode of lazy reporting [In Boomacat’s incompetent opinion]
Thumper 1:08 pm 28 Nov 06

Agreed Seepi,

but it ain’t going to happen my son….

Heavs 12:59 pm 28 Nov 06

You’re dead right Seepi. A secure facility would be great. Both the Judiciary and Magistracy have been screaming for gummint to build one for years. Nothing has happened. Shock me.

seepi 12:46 pm 28 Nov 06

He isn’t in custody:
As Justice Connolly further explains, there is provision for the Supreme Court to avoid detention and allow the person to be supervised by the Tribunal in the community. His Honour, who acknowledged the disturbing nature of Mr Gibson’s “frankly violent” behaviour, concluded that such an arrangement was the most appropriate option for him.

I would prefer him to be in a locked mental health facility, and I think they should put one in the new jail.

gaelhope 12:32 pm 28 Nov 06

Well you know, the Mental Health Tribunal is hardly likely to supervise him at all…meaning that he’s still out there posing a risk to you and I. The Mental Health Tribunal is nothing more than a bunch of old fogeys wanking around in a meaningless meeting, reading crap-arsed court-ordered neuropsych reports that usually bear little resemblance to the person they’re reporting on – to those who know the person.

I’ve supported people who’ve appeared before the MH Tribunal, using their mental health issues to effectively ‘get off’ charges such as armed robbery. After the 5th or 6th armed robbery, you can’t tell me it’s an aberration or MH problem only. I’ve also been the victim of someone having a purportedly psychotic episode – he intended to kill me, and it was sheer good luck that he didn’t (at least, I think so!). But as it all panned out, he was found ‘not fit to plead’ by the MH Tribunal. That same person is still out there, threatening and intimidating others, and is currently the subject of two Personal Protection Orders (AVO’s) and a Workplace Protection Order. He regularly threatens to kill and/or rape various people and stalks them. His best mate is on bail for an attempted murder charge. Tell me he shouldn’t be locked up??

The MH Tribunal did.

johnboy 12:29 pm 28 Nov 06

Loadedog again rides forth to contend that all who disagree with his ancient and discredited leftism are evil.

simto 12:25 pm 28 Nov 06

Only in the morisettian sense.

Whinging about the level of editing that people should be able to do for themselves is par for the course with most editors…

Cityboy 12:06 pm 28 Nov 06

Is it Ironic when the editor complains about having to do some editing?

loadedog 11:58 am 28 Nov 06

Thanks, Boomacat, for an alternate view (and if creating a bum link is your worst crime, you shouldn’t need to plead insanity). Looking back through the comments on the original article and some above, it’s astonishing the amount of ignorance that persists about mental illness generally and mental health services in the ACT (for instance, there is a ‘mental institution’in the ACT: at Canberra Hospital).

Psychosis can happen to any of us, even you bighead. While hardly perfect, the Mental Health Tribunal is the body best suited to assess, treat and possibly contain those suffering from short or long term mental illness. Prisons, while good at containing people, are not well placed to deal with the seriously mentally ill and tend to exacerbate mental illness in their inmates, a result that is a loss for us all.

Finally, congrats Johnboy. Controversy equals attention and we all crave that. I just wonder whether you have to take the Tim Blair route to get it.

TAD 11:15 am 28 Nov 06

Stuart Littlemore is that you?

farq 10:20 am 28 Nov 06

Jail/Nut House. Nowadays they are the same thing. Mad or bad, you need to be off the streets. It just seems that we have more ‘mad’ than ‘bad’ people.

Instead of building a prison we should have invested in nice, secure mental health facility.

IMHO, 90% of crimes have an element of mental health as a cause/contributing factor.

Heavs 10:20 am 28 Nov 06

Bighead – you have to have an intent to commit the crime to be found guilty. If you’re nuts you can’t form intent. Therefore, not guilty by way of insanity.

simto 10:10 am 28 Nov 06

Assuming for a second that what boomcat wrote is accurate, he wasn’t released into the community -according to the order, he’s in dentention until he can prove he’s not a danger to the community.

Which could be for considerably longer than he would have been sentanced in the first place had he been found guilty.

che 9:57 am 28 Nov 06

was he released into the community because they couldn’t do anything else with him?

did the prosecution agree because they are an overworked, understaffed dept with an abysmal win, loss ratio if someone pleads “not guilty”?

smokey2 7:49 am 28 Nov 06

Give him a frontal labotomy – ah for the good old days

bighead 1:53 am 28 Nov 06

While im not exactly law savvy as such, he may have a mental illness at the time, that should still not cover his actions. He is essentially getting off in my view. I understand some cases in which people suffer a permanent mental illness that in most cases was detected years before a misfortunate even may have happened.

But in the ACT atleast, is seems you can just plea that you were ‘insane’ at the time. He should have gone to jail, he did the crime, he should do the time. *sorry to use such a god awful cheesy thing at the end*

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