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Some sentences can’t be suspended

By weeziepops - 18 August 2010 16

If I am reading R. v. MALIZANI correctly, a young man guilty of an extremely nasty assault has been “sentenced” to six months imprisonment (suspended, of course). Not too surprising an outcome in Canberra, from what I can see.

In a case of violent assault, where the victim requires ongoing medical treatment and/or counselling to deal with the impact of the crime, what support is given to them?  Where financial costs exceed what Medicare or other government support will cover, does the criminal have any obligation to contribute?

What’s Your opinion?


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16 Responses to
Some sentences can’t be suspended
LurkingMarsupial 7:09 am 19 Aug 10

Facts in this case (as reported in the judgement and in Canberra Times) have to evoke strong feelings (sympathy/empathy for victim, rage at perpetrators and their ilk) so I’m pleasantly surprised by reasonably measured comments in response to original post.

I could see ‘country town surveillance’ having up and down sides as flagged, I’d be interested to know any experience/observation of such benefits where photos of persons convicted (not merely accused) are published to match known identities.

clueless70, good points, but where there’s been guilty plea, conviction and sentencing, shouldn’t we take it the convicted hasn’t been falsely accused, at least unless any serious/specific issue raised re coerced plea etc? Of course special care and checking would be required to only publish photo of the right Mr Malizani. (Perhaps in his contrition he would consent to photo?)

Avoiding places/individuals around which bad things happen could be difficult and restricts the innocent instead of the guilty. I wonder what best promotes a contrite offender actually changing (as they’re not going to be locked up for life) – is it critical family support, shunning, or whatever Corrective Services delivers? (I assume people wouldn’t necessarily want to drive an offender out of town unchanged, though a new location consciously chosen might offer fresh start in drug/alcohol free lifestyle.)

Apart from wishing the best for the victim – I hope we don’t hear again about Mr Malizani (or his co-offender) in any context like this.

cleo 10:49 pm 18 Aug 10

Muttsybignuts # 2 No the murderer doesn’t pay for his victims funeral, the government pays $50 thousand for victims family which covers funeral costs and other costs for family.

And what is this Higgins was lenient towards the person who committed the violence agaist a victim because he had been drinking, that law went out a few years ago.

BrassRazoo 10:14 pm 18 Aug 10

We’re talking about convicted criminals, not ‘the accused’ – and I’m not a crim. Yes, there would need to be exceptions – that’s where a grown up/ civilised society gets to exercise its judgement – all or nothing is an easy cop-out and the media shouldn’t be the ones to decide who if anyone from tomorrow’s judgements gets a write up. As it happens, I’m one for keeping as many offenders as possible OUT of custody. Knowing who they are might just help.

clueless70 8:00 pm 18 Aug 10

Hello Brassrazoo.

Anonymity is in nobody’s interests but the criminals’.

Except in the following cases:

-There is a miscarriage of justice.
-The accused has been falsely accused.
-The accused has rights that outweigh the public interest in identifying him or her.
-Identifying the accused will pervert the course of justice.
-Release of identifying information is not in the public interest.

There are probably others.

In view of what you believe about anonymity, I assume Brassrazoo is your real name.

BrassRazoo 4:52 pm 18 Aug 10

Publication of criminals’ details could obviate the need for crippling fines and in some cases even the need for a custodial sentence (as the offender would in some respects at least be under ‘community surveillance’ each time he stepped out – the old country town thing). It would also reinforce the notion of crime as an offence against society, not just the immediate victim. Anonymity is in nobody’s interests but the criminals’.

p1 2:55 pm 18 Aug 10

weaponx said :

…but you can’t whine about the courts then not be willing to defend yourself/family.

Sure you can. In fact, since the law specifically prevents me from personally arranging violent and bloody retribution, I should be able to expect the satisfaction of the person I would otherwise lynch being punished by the court.

weaponx 2:13 pm 18 Aug 10

fgzk said :

Sure weaponX, Yesterday I noticed “someguy” going down on a long stretch in Adelaide for doing exactly the same thing as you suggest. Not to mention how an assault can effect your thinking to the point that leaving the house can be hard. Leaving the house , tracking down and exacting retribution might be a bit much. That is better left to family and friends.

Diff strokes for diff folks of course, just a personal opinion, but you can’t whine about the courts then not be willing to defend yourself/family.

Special G 2:07 pm 18 Aug 10

fgzk said :

A good lawyer will organise and pay for some medical support while the victim compensation claim is processed. Criminals generally have nothing worth suing for. When I say worth, I mean cash that comes close to paying for ongoing medical and mental harm they have caused. That is because they are generally worthless shit.

Interesting your approach on this thread towards someone in the justice system. This sentence doesn’t surprise me in the least.

Rossco Downunder 1:45 pm 18 Aug 10

There’s a losely related discussion at http://the-riotact.com/?p=26169#comment-274944

In this case, a person who was given a suspended sentence last Wednesday from the Supreme Court is now back in the Magistrates Court in under 1 week;

You’ll also find him mentioned here;
http://www.canberratimes.com.au/news/local/news/general/mother-threatened-to-burn-babysitters-house/1329038.aspx

Amongst the evidence for that incident you’d find that he was already on bail for the following and HE COULD NOT HAVE DONE THE ABOVE ATTACK IF HE WAS LOCKED UP;

http://www.police.act.gov.au/media-centre/media-releases/act/2006/October/spence-robbery-ends-with-offender-in-custody.aspx

During the attack on the babysitters house he’s described as yelling things along the lines he had nothing to lose because he was already going to jail.

So, do you feel safe having him in your community with nothing to lose???

Should the judge last week be personally responsible for whatever he did in the past week?
…almost.

Jivrashia 1:28 pm 18 Aug 10

I don’t know about Mr Malizani (no prior conviction) but his co-offender, Mr Lao, sounds like a real threat to society…

– Past conviction of aggravated robbery,
– Escalated the bashing of the victim,
– Stole victim’s belongings.

Is it possible to have these crims mugshot published on the internet and posted on telegraph poles? This will allow us to get a head start in running for cover should we be unfortunate to bump in to them. If the justice system is disinterested in protecting society then this will be the only way society can protect itself. Their place of residence, work, favourite waterhole would also be very helpful so that we can stay well away.
Them being permanently tagged with a GPS locator would also be good.

BrassRazoo 11:34 am 18 Aug 10

There is a peculiar mindset in the courts and legal community. Yonks ago when I worked in a court (in another jurisdiction) I found it was common for ‘recreational bashings’ to be described by the defence and then accepted by the bench as ‘at the lower end of the scale’, almost to be expected if the victim was out after 10pm and inevitably not warranting a custodial sentence etc etc and in the few cases where the victim had managed to defend him or herself the poor bastard had to face a ‘reasonable force’ inquisition. Well, excuse me – I might have been prepared to have had the clacker knocked out of me on the football field, but I can tell you that just the real likelihood of being assaulted elsewhere would have me seriously apprehending very serious injury or death and defending myself/ my family accordingly if in a position to do so, whatever the consequences.

fgzk 11:02 am 18 Aug 10

Sure weaponX, Yesterday I noticed “someguy” going down on a long stretch in Adelaide for doing exactly the same thing as you suggest. Not to mention how an assault can effect your thinking to the point that leaving the house can be hard. Leaving the house , tracking down and exacting retribution might be a bit much. That is better left to family and friends.

weaponx 10:24 am 18 Aug 10

I wouldnt bother with the courts, been there done that, have no faith in the justice system, better to suck up the beating, then later on exact some swift justice hammertime style.

Muttsybignuts 10:15 am 18 Aug 10

I wonder, does a murderer have to pay for the victims funeral? I think they should.

fgzk 9:52 am 18 Aug 10

A good lawyer will organise and pay for some medical support while the victim compensation claim is processed. Criminals generally have nothing worth suing for. When I say worth, I mean cash that comes close to paying for ongoing medical and mental harm they have caused. That is because they are generally worthless shit.

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