22 June 2011

Violent recidivist rapist back on the streets by 2013?

| johnboy
Join the conversation
16

The ABC has the unhappy tale of Alfred Chatfield this day sentenced to five and a half years in prison for rape at knifepoint in Dickson.

The ACT Supreme Court heard Chatfield was intoxicated and could not remember the attack.

The man has an extensive criminal history including three rape convictions in Victoria and has spent much of his life in jail.

In sentencing Justice Hilary Penfold said Chatfield is unlikely to stop abusing drugs and alcohol and is at risk of re-offending.

He will be eligible for parole in 2013, after his sentence was backdated to include the time already spent in custody.

Hands up who wants to be his next victim in 2013?

Join the conversation

16
All Comments
  • All Comments
  • Website Comments
LatestOldest

Mr Gillespie said :

Tooks said :

Just to correct the original post, it wasn’t a rape at knife point, it was a sexual assault at knife point……..

You mean either:
(a) There is no law against rape in the ACT?
or
(b) Sexual assault is DIFFERENT to rape? How is this so??

There are different degrees of sexual assault. ‘Rape’ comes under Sexual Intercourse Without Consent (Crimes Act 1900).

53 Sexual assault in the third degree
(1) A person who unlawfully assaults, or threatens to inflict grievous or actual bodily harm on, another person with intent to engage in sexual intercourse with that other person, or with a third person who
is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 12 years.

If you want a few more details about the actual incident, read the sentencing:

http://www.courts.act.gov.au/supreme/sentence/view/1005/title/r-v-chatfield

Mr Gillespie1:18 pm 25 Jul 11

Tooks said :

Just to correct the original post, it wasn’t a rape at knife point, it was a sexual assault at knife point……..

You mean either:
(a) There is no law against rape in the ACT?
or
(b) Sexual assault is DIFFERENT to rape? How is this so??

Mysteryman said :

toriness said :

enough is enough. bring on mandatory sentencing and/or three strike rule.

+1

+2.

Just to correct the original post, it wasn’t a rape at knife point, it was a sexual assault at knife point.

For those who haven’t read the story linked in the OP, the five year sentence wasn’t just for the sexual assault. He was sentenced as follows:

– 1 x Sexual Assault in 3rd Degree (max 12yrs): 4 and-a-half years
– 2 x Acts of Indecency w/out Consent (max 5yrs): 18mths each charge
– 1 x Aggravated Robbery (max 25yrs): 2 years

All this ror a recidivist offender who has made no effort to attend substance abuse progams despite being in AMC for 12 months at the time of sentencing.

I really hate this practice of sentences being served concurrently (or part concurrently as is the case here).

toriness said :

enough is enough. bring on mandatory sentencing and/or three strike rule.

+1

enough is enough. bring on mandatory sentencing and/or three strike rule.

assistantnurse4:06 am 25 Jul 11

5 years is that all the girl he raped will have nightmares for the rest of her life how is that justice ?
Justice Hilary Penfold you fail again

“In sentencing Justice Hilary Penfold said Chatfield is unlikely to stop abusing drugs and alcohol and is at risk of re-offending.”

Especially after a stint in one of our jails.

ConanOfCooma11:27 am 23 Jun 11

Go easy, it’s not like he defiled anyone or ruined anyones life!

Geez…

Mental Health Worker8:55 am 23 Jun 11

Five and a half years for rape is in line with sentences in other states – see http://www.bocsar.nsw.gov.au/Lawlink/bocsar/ll_bocsar.nsf/vwFiles/hclc_mean_prison_sentences.xls/$file/hclc_mean_prison_sentences.xls for example – 5.5 years is in fact quite a bit higher than in NSW which probably reflects his reported dismal history and prospects. (Though the NSW figures could be the non-parole period, rather than the “head” sentence.)

Of course, that doesn’t necessarily mean it is adequate.

One might also ask why it took 21 months for an offender pleading guilty, to be sentenced. Natural justice dictates that he should be given “credit” for the time he spent on remand, so a consequence of the excruciatingly slow court process is that he now has quite a short period left to do any program in prison to reduce his risk of reoffending.

And only now can the victim get some kind of closure, with the risk now gone of her having to give evidence in his sentencing. Though she may wish to be involved again in decisions about his release on parole in 2013.

MHW

It seems to be universally accepted that the judiciary in the ACT don’t like putting crims away. I’d really like to be able to understand why this is so.

This sentence seems absurd to me, so what logic, reasoning or other thought processes bridges the gap between my perception of absurdity, and the judges perception that this is a reasonable sentence within the boundaries of the law?

What causes this disconnect? What are these people (the judges) thinking, that the rest of the world is missing out on?

Inquiring minds are eager to know.

I hope the next victim sues this judge, because this sentence is ridiculous.

This is sentence is disgusting, how much disrespect is the judge showing to the victim. I wonder if there was a victims impact statement read in court, if there was it appears the judge was asleep during it.

What will it take for the legislation on rape sentencing to be reviewed, the rape of a judge, a ministers daughter or wife, or maybe a female minister.

Abusing drugs and alcohol? Check
Extensive criminal history? Check.
Prior rape convictions? Check.
Convicted of rape at knife point? Check.

I’m surprised they even gave him 5 years. This is the ACT, after all.

Seems about right … it takes six stabbings and/or knife threats to get locked up at all (the lad responsible for the recent Scullin fracas was still living large after five goes).

What is wrong with the Judiciary here? What part of ‘the community has had enough’ do they not understand?

This animal is out in 2013? Wouldn’t it nice if the good judge was still around to explain her actions to his next victims family – and why she let everyone down again!!

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.