Monday, 27 April 2009

Are Magistrates Too Lenient Today, I Think So.

This is from my local newspaper back home in Australia. It is a court case of a repetitive law breaker. Please read the article and then ask yourself. Did the guy get the sentence he deserved?

A man who appeared in Southport Magistrates Court to plead guilty to his sixth disqualified driving charge has been sent to prison. (6 times disqualified)

He was caught driving while disqualified four times previously.

He faced two fresh charges of driving while disqualified, on March 18 and March 19. (He was caught on successive days, the guy has to be a major idiot and have no regard to the law)

Magistrate Brian Kilmartin said it was essential the court's own authority was upheld and he had shown complete contempt for it.
(Wow, no joke)

"The fact you were driving again a second day makes it clear there was a calculated disregard for the authority of the court," he said. (No shit Brian)

Mr Kilmartin sentenced him to 60 days' imprisonment, to be suspended after serving seven days, and disqualified him from driving for three years.

What the Fuc#? Serve 7 days and only a 60 day sentence. That is a lousy 10 days for each disqualified offence.

It seems though Brian is pretty lenient though. Look at these.

A 16-year-old Gold Coast boy who held a knife to a teacher's throat has been released on conditional bail.

The teenager is facing seven charges, including threatening violence and going armed to cause fear.

Magistrate Brian Kilmartin today said he would reluctantly grant the boy bail, but imposed strict conditions. (Great one Brian, let this fool back out on the street)

And this

A Queensland Fink motorcycle club member (Lovely guys)

The Finks member walked from the court despite his lengthy traffic rap sheet. He has been repeatedly banned from holding a driver's licence since 2007 and due to face a summary trial in a few days time for a number of traffic charges including driving while disqualified.

But that did not stop him allegedly getting on his motorcycle near his home on Thursday at 10.30am. The court was told police pulled him over near his home and when they asked for his licence, he admitted he was not allowed to hold a one for two years.

In 2007 the man was disqualified from driving for two years and in June 2008 he was charged with driving while disqualified again.

He escaped jail by pleading guilty and was sentenced to four months jail and released on immediate parole. He was further disqualified from driving until 2011.

Prior to 2007, his driving record had remained clean for three years but his solicitor admitted to the court that was due to his client spending 1005 days in custody awaiting a trial over an attempted murder charge. (Ha, ha that is priceless. Charges for murder were dismissed)

Also

Magistrate Brian came close yesterday to jailing a 23-year-old single mum for repeated driving offences, telling her she could no longer use her daughter as an excuse to stay out of prison. (Pathetic excuse)

Magistrate Brian Kilmartin told woman, the only reason he wasn't jailing her was because he had been told by her solicitor she was the only one able to look after the seven-year-old.

"If it was not for that there is no way you would avoid imprisonment," he said. "But you can't use it as an excuse (any more)."


She pleaded guilty to speeding and two counts of disqualified driving.

After she was banned for six months in June last year for unlicensed driving, Jarvis was pulled over by police a few days later for speeding.

She was doing 88km/h in a 70km/h zone with four people in the car, including her daughter. She told police she drove because she needed to get her daughter some lunch.

Then on October 30 She was caught driving again, this time to 'get her daughter to school'.
She was sentenced to 28 days' prison, fully suspended.
(Too lenient)

These are just a few cases. There are so many where the punishment doesn’t fit the crime. I am not picking on Mr. Brian Kilmartin, he was the judge of the original article. There are so many judges that seem to sentence too leniently at times. If Brian you do read this please do not take it personally, I don’t know you from a bar of soap.

I did like this sentence he handed down, but I still think it was lenient considering.

A QUEENSLAND woman who spat on police during a drunken night out has been sentenced to three months behind bars.

The 19 year old teen, yesterday faced Southport Magistrate's Court, pleading guilty to five counts of assault over her run-in with police.

The court was told she had made an unprovoked attack on a man.

When police tried to arrest her, she swore, struggled and spat at the officers, hitting one in the face.

Her defence lawyer told the court she was grossly affected by alcohol and did not recall her actions. (Pathetic excuse)

Magistrate Brian Kilmartin said spitting was a "vile act". (agreed)

"It is totally unacceptable, particularly when it is aimed at police officers," he said. (Offences against police should be doubled I believe)

She will be eligible for parole in a month's time.

She was also ordered to serve probation and pay $2000 compensation to the officers involved in the incident. (For me lenient)

I just think that so many magistrates are out of touch with society and reality. It is hard to recall where a maximum sentence or fine was given for a crime.

Most of the time the criminal or accused pleads all sorts of bullshit stories to get a reprieve.

‘I was abused as a child, I have a drug problem. I am addicted to gambling and so on the crap falls out of their mouth or their lawyers.’

I personally don’t care about a person’s problems or history as I believe if you commit a crime, no matter what amazing excuses you apparently have, they should be ignored.

Society today needs a really good awakening, criminals need to know that crimes will be punished and harshly at that. I feel for the police who must be so jaded at times when magistrates hand these sentences down.

Police must be so jaded; they have to put up with all the shit that comes with the job, the taunts, abuse, and constant criticism and so on. When they finally get a criminal in court to see them slapped on the wrist and sent back out into society without any deterrent to commit future offences has to be demoralizing.

Yes, jails are already over crowded. Well build more and create jobs for people. Jails also need to be a jail not a home away from home. Prisoners live so much better than many people. They get 3 meals a day, entertainment and so forth. No TV, newspapers and so forth. Lots of books and education courses should be offered and that’s it.

Anyway that’s just me. What do you think?

Brunty

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