Sentencing

For a person whose innocence is stolen as a child and whose life has been irrevocably damaged, what constitutes justice?

Malcolm Fox with wife Mem yesterday. Photo: Greg Higgs

Last month, Malcolm Fox was convicted of four counts of unlawful sexual intercourse. These crimes were perpetrated by him – a drama teacher - against a student who trusted and admired him. Today, a four-year sentence with a two year non-parole period was handed down.  Fox is to appeal this decision. 

The victim’s sentence is life. But for the perpetrator, it’s four years.

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  • Fred Ward says:

    05:44pm | 02/09/11

    The problem is, and always has been, the courts. The justice system is a game, the whole system is broken. Judges get lifetime appointments and are not investigated or accountable for stupid decisions.  Sentences are out of touch with community standards. Evidence is withheld from juries for being too prejudicial,… Read more »

  • Glen says:

    05:01pm | 02/09/11

    I am all for suspended sentences. They give a second change to a good bloke who found himself in a fight in a bar and hit someone too hard because he’s hasn’t hit someone since he wore shorts to school. All without the court having to believe dodgy character references… Read more »

 

So radical Indonesian cleric Abu Bakar Bashir will spend the next 15 years eating porridge, or bubur as rice porridge is known in Indonesia. It is not long enough. The only thing softer than bubur is his sentence.

Eat gruel, sucker

In the mid 2000s, Bashir served 26 months of a 30 month sentence for being part of an “evil conspiracy” behind the Bali Bombings. Many felt he should have been put away for life then.

Bashir has just been found “legally and convincingly guilty” of planning and motivating others to commit terrorism, and of using violence or the threat of violence to create fear. Well, how does all that warrant a meagre 15 years when Schappelle Corby copped 20 for her boogie board bag full of dope?

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  • OchreBunyip says:

    11:13am | 20/06/11

    Justice is not supposed to be about revenge and sometimes a death sentence is too easy; consider knowing you will most likely die in prison, that its environs are the last years of your life. That Bashir got any gaol time is a victory in itself. It means that some… Read more »

  • stephen says:

    12:54pm | 19/06/11

    Nah the grapes go to the virgins. “Here comes another one sweetie…opps the towel-head in the front row cops another one, tee-hee ” Read more »

 

Justice is “the principle that punishment should be proportionate to the offence”. Well, that’s a dictionary definition anyway.

The snaky path to justice is about to get more direct

For many innocent victims of dangerous driving in South Australia, justice would seem to be a myth. In March last year, John Swindle was walking his dog when killed by a 17-year-old speeding along Saint Bernards Road, Magill. Under the effects of alcohol and cannabis, the P-plater panicked and fled.

In February, the Adelaide Youth Court spared the boy a jail term, instead handing down a suspended sentence, a $1,000 fine and a 10-year licence ban.

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  • Lorraine says:

    05:10pm | 17/05/11

    I have been trying to find the origin of the word"hoon” and just can’t find a darn thing. Once upon a time a man who lived on the immoral earnings of a woman was called a pimp or a hoon but this does not relate to our current usage. Any… Read more »

  • Burko says:

    04:33pm | 16/05/11

    Competent race craft dosent equal competent road craft. In a previous life I was an Instructor for both motorcycles and cars, in a risk management and RTA assessment role and have also been a riding marshall for motorcycle track days. Race tracks are a totally different kettle of fish to… Read more »

 

Earlier this year Tony Abbott warned us that we should be wary of taking seriously those comments he makes about policy when speaking off the cuff. Presumably, his suggestion in a community forum this week that Australia might consider moving to elect its judges falls into this category. We can only hope that is the case. 

Adding a whole other dimension to judicial rulings. Illustration: Tiedemann

Anxiety over perceived leniency in criminal sentencing is never too far from the surface of public discussion and as a result we might expect that politicians have given the issue some thought before they express an opinion.

Certainly it is hard to credit that a political figure as senior as Mr Abbott would be caught off guard when quizzed about judges, sentencing and community values, as he was at the Brisbane forum. 

What exactly did the Leader of the Opposition say? “I never want lightly to change our existing systems, but I’ve got to say if we don’t get a better sense of the punishment fitting the crime, this is almost inevitable. If judges don’t treat this kind of thing appropriately, sooner or later, we will do something that we’ve never done in this country. We will elect judges. And we will elect judges that will better reflect want we think is our sense of anger at this kind of thing.”

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  • Harold May says:

    01:39pm | 24/04/12

    Just a passing statement, and Tony Abott would have made more people question his role as a constitutional conservative. Electing judges just doesn’t seem very right, and could very well open the justice system to cracks that might even lead to corruption. The fairness of the justice system needs to… Read more »

  • Steve says:

    08:00pm | 28/11/10

    All you have got to do is go to Youtube and type in NSW and Judges, and there is already starting to be a significant undercurrent against the current system of judges. Elect them and make them accountable is the best option, followed by searching for the truth as an… Read more »

 

It is just a matter of time before we once again see an outraged local community - concerned Mums, Dads and Grandparents – holding placards and rallying against having convicted paedophile Dennis Ferguson as a neighbour.

Dennis Ferguson brings out the ugly side of the community for a reason

It’s happened at least 4 times in the last 5 years, and the scene will be replayed over and over. Each time we see public opinion divide into two camps – the larger one believing that this repeat-offender ought not be living in any community with children (and certainly not theirs), and the smaller camp decrying vigilantism and claiming the guy has a right to live in the community having “done his time”.

But let’s stop for a moment and look at the concept of “having done his time”.

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  • pc says:

    01:46pm | 04/10/09

    Cat, you are completely right - it shouldnt be a political slanging match and I apologise. I had already said - paraphrased - persecuting peodophiles - however much we may want to do it - helps no one.  And a David above I think is honest and says that he… Read more »

  • Stephen Pickells says:

    10:02am | 04/10/09

    As a japester said to me: “The best thing about being a psychiatrist is that you never have to cure anyone”. Having been in therapy for more years than I can count, I know the truth in this statement. Pedophilia is a serious mental condition on a par with psycopathy.… Read more »

 

It was recently revealed that the Victorian Labor Government employs “a small army” of media minders and spin-meisters. But Brumby’s battalions of PR hacks cannot deny the undeniable fact that crime rages out of control.

Who's actually ruling our streets? Illustration: Mark Knight

The evidence is right there in front of us. Our TV screens and newspapers are filled with stories of the street violence that is seemingly an everyday occurrence in Victoria.

It has gotten so bad that even the police are intimidated by the marauding thugs who have come to rule our streets.

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  • Adelaide Female says:

    05:28am | 07/10/09

    Im a hard working 23yr old female, under 60kg, no previous criminal record and actually until recently was seriously looking into becoming a police officer. I very rarely go out into town but went out for a girlfriends birthday on the weekend…and never again will I enter town again.. On… Read more »

  • Mario says:

    10:34am | 10/09/09

    I too have read Freakonomics. I don’t believe that their concepts are directly related to our situation here although I do think that people need to start thinking along their line of thought. You can sit on your leather chairs arguing this stupid point all day long, Mandatory Sentencing -… Read more »

 

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