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Penfold sets her bar

By Special G - 13 August 2008 66

[First filed: March 06, 2008 @ 10:16]

Kenny King, 33, a homeless man with a lengthy criminal history who was jailed for three years in NSW for rape in 1993, was sentenced yesterday [for rape – ED] to two years and 10 months’ jail, with a non-parole period of 20 months. He is due for release in 8 months. Canberra Times story here.

Previous RA story on Penfolds addition to the Supreme Court bench can be found here and here.

The article goes on to say how Kenny is a homeless aboriginal with a troubled upbringing and an alcohol problem – also an extensive history for all sorts of offences including rape in 1993. Poor Kenny he is really a victim of society and it’s not his fault. WTF – is the Supreme Court really that out of touch.

Does the safety of the community come into this sort of thing at any point?

UPDATE: The ABC now reports that the Court of Appeal has found the sentence to be “manifestly inadequate”. It’s been increased to four years with non-parole at two and a half.

What’s Your opinion?


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66 Responses to
Penfold sets her bar
Ralph 1:08 pm 06 Mar 08

Yes, he must have an ‘illness’.

Can’t do much about genes. Lock him up.

I would also like to lobby publicly for castration of all sex offenders.

Deadmandrinking 12:57 pm 06 Mar 08

Completely agree, sepi. Prison is just a kennel that turns people into wild animals.

Also, I wouldn’t be surprised if good ol’ Ice had something to do with this.

sepi 12:54 pm 06 Mar 08

Hmm – there needs to be an alternative to prison for these type of ‘tragic’ yet re-offending individuals.

If he can’t help himself, then he must have a mental condition, so perhaps he should be assisted/rehabilitated in some sort of mental institution for a very very long time.

barking toad 12:53 pm 06 Mar 08

On his release, the revolving door will kick in.

He’ll be back inside within 12 months and hopefully it won’t be because of the loss of someone’s life. Some just can’t be rehabilitated.

Hillary’s been in the elephant tusk tower for too long.

Deadmandrinking 12:41 pm 06 Mar 08

Whilst I do feel sorry for King, I think that his crime was a little too harsh to go properly unpunished – it was obviously pre-meditated, what he did to the victim was brutal, not to mention compromising their sense of security and safety at home.

However, I do honestly hope that when Kerry King is released, efforts are made during his parole to rehabilitate him and seriously turn around his life. I’m all for lenient sentences in regards to prison, but only when a decent alternative is provided.

Skidbladnir 12:21 pm 06 Mar 08

For the record, while I may have rambled a bit while talking about horses and rails and tragedy vs misadventure (Romeo & Juliet is a comedy of misadventure up until they start killing people)…

I think this is a pretty lenient sentence, even for a “So new she still has the labels on” judge appointed by our monumental cockup of an Attorney General.
Lets hope it doesn’t set the standard for the rest of her term, nor that there’s a spate of trespass & rape cases when Kenny King gets released.

Joe Canberran 12:20 pm 06 Mar 08

However, it still leaves the burning question …
which is a better trilogy … Lord of the Rings or Star Wars? 😉

Comment by Ari

Well has anyone released a Saul Bass version on the LotR intro? I think not. SW on the other hand… oh and the remastered version is a cack as well 😉

Thumper 12:10 pm 06 Mar 08

Justice Penfold took King’s childhood into consideration, describing it as “extraordinarily sad”. However, she did not regard that his cognitive deficit precluded her from imposing a sentence that would act as a deterrent.

“Imposing a term of imprisonment is not easy, and it is particularly difficult when an offender has had such a tragic life as Mr King.”

My f*cking heart just bleeds….

He is obviously beyond rehabilitation and a repeat offender.

I hope people remember this decision when he rapes and kills some poor unsuspecting woman in the future.

Ari 12:08 pm 06 Mar 08

Wow …

Thus we have the answer to the original point. The United States Space Shuttle program is limited Imperial Roman army war chariots.

… and then …

Early English trains from Stephenson’s design use 4ft 8in gauge as it was the standard gauge used by the horse-drawn rail-mounted wagons used in Liverpool and Manchester coal mines.
The 0.5in extra was added because it reduces binding friction on curves.

… all this extra info in a posting about a rape trial.

However, it still leaves the burning question …
which is a better trilogy … Lord of the Rings or Star Wars? 😉

dobaman 11:52 am 06 Mar 08

I’m sure the victim was comforted to know that her experience was “at the lower end of spectrum”. I guess it is all OK then. Remind me to triple-check I’ve locked all my windows and doors at night, especially in 8 months.

Skidbladnir 11:52 am 06 Mar 08

@Maelinar:
Your logic should end at cart-targetted roads, both ancient and modern, having two horses attached to horsedrawn cart axles in common (Two horses in harness for distance travel are roughly 1.4m (4ft 8in) wide, as any closer and the horses risk contact with eachother at speed or on curves), not further extend on to Romans.

Non-Roman traders did not have to buy completely new carts on entering Roman-road territories, where had horses sized similarly to much of the known world.

Early English trains from Stephenson’s design use 4ft 8in gauge as it was the standard gauge used by the horse-drawn rail-mounted wagons used in Liverpool and Manchester coal mines.
The 0.5in extra was added because it reduces binding friction on curves.

4ft 8.5in became the English standard over other wider gauges (like the even 5ft and 7ft 0.5in gauges) simply because Stephenson had successfully campaigned and managed to get eight times more track laid at 4ft 8.5in than the nearest competitor.

Re original posting:

A stranger with a lengthy history and previous similar offences, enters your house while you are alone, they rape you while you sleep, you wake up and don’t _immediately_ stop them because you think they are posing as someone else but start to make enquiries, the offender seems to know at the time they have done something wrong, and this is a ‘lower end of the scale’ because they have a bad origin?

Also, point for the literary part of a judge, describing something as ‘tragic’ doesn’t make it so.
If the circumstances are brought about by an external factor instead of a character’s flaws (or more precisely a character’s mistake through which they bring about their own downfall) is should be termed misadventure in any dramatic or literary context.

Astonishingly, the online Canberra Times stars a typo, asserting that the Judge said the man should serve several consecutive life sentences for the crime.

Otherwise, she said, a sentence of 312 years with a minimum of two years would have been imposed.

Mr Evil 11:38 am 06 Mar 08

Yay, stupidity strikes again!

Ralph 11:21 am 06 Mar 08

He is clearly a danger to society and has shown that he cannot be rehabilited. Psycopathy is usually genetic.

The only solution for these sorts of people is to incacerate them for a long time.

Mælinar 10:49 am 06 Mar 08

apologies for the format – cut and paste not workah too good meesah.

Mælinar 10:48 am 06 Mar 08

Now let’s consider this by looking at the design of a Space Shuttle.
You may have noticed there are two huge ancillary rockets on the sides of the main fuel tank. These are known as ‘reusable solid rocket boosters’ and are made in Utah. The assembly plant for these boosters is located on western side of the Rocky Mountains and to transport them to the Kennedy Space Center, rail is the cheapest and quickest method. The line from the factory runs through a tunnel so the booster rockets have to be made smaller than the tunnel. This tunnel is only a bit wider than the track, and therefore the rocket design had to take this into consideration.
The US standard railroad gauge (distance between the rails) is 4 ft 8 1/2 in (1.44 m). That’s an exceedingly odd number.
Why is that gauge used? Because that’s the way they built them in England, and the US railroads were built by English ex patriots.
Why did the English build ’em like that? Because the first rail lines were built by the same people who built the pre-railroad tramways, and that’s the gauge they used.
Why did *they* use that gauge then? Because the people who built the tramways used the same jigs and tools as they used for building wagons, which used that wheel spacing.
OK! Why did the wagons use that wheel spacing? Well, if they tried to use any other spacing the wagons would break on some of the old, long distance roads, because that’s the spacing of the ruts.
So who built these old rutted roads? The first long distance roads in Europe were built by Imperial Rome for the benefit of their legions. The roads have been used ever since.
And the ruts? The initial ruts, which everyone else had to match for fear of breaking their wagons, were first made by Roman war chariots. Since the chariots were made by or for Imperial Rome they were all alike in the matter of wheel spacing (ruts again).
Thus we have the answer to the original point. The United States Space Shuttle program is limited Imperial Roman army war chariots.
Do you think the Supreme Court feel that prison is really going to work for this gentleman, or have they looked at the historic method of jail usage, and have found the obligatory 25 year life term is a little bit out of spec ?

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