Soft sentencing from our courts....not any more!

[Dave_Obsession]

Hear it all the time (especially here in Victoria) about how Magistrates are out of touch with the public, and continually handing out 'soft' sentences to perpetrators of violent crimes.

Perhaps they should take a leaf out of this Queensland Supreme Court Justice's hat!!

http://www.news.com.au/national/teen...-1225971626599

A TEENAGE boy who bashed a man to death with a fence paling in an unprovoked attack has become the youngest person in Queensland history to be sentenced to life.

The boy, then aged 14, and friend Roderick James Weazel, then aged 17, murdered Henry Thomas Chalker, 52, near Musgrave Park in Brisbane's West End, on July 6, 2008.

The boys had been sniffing paint and drank a bottle of bourbon before launching the attack on Mr Chalker as he walked down the street. The 14-year-old - who cannot be named - then used a fence paling to strike Mr Chalker in the head seven times, while Weazel stomped on his upper body. Mr Chalker died at the scene from massive head injuries, including a shattered skull, a ruptured brain and internal bleeding.

The two were convicted of murder on October 22.

The 14-year-old boy, now aged 17, was sentenced to life in jail today in the Queensland Supreme Court. He maintains his innocence.

Sentencing Justice Richard Chesterman applied the maximum penalty, saying the attack was unprovoked, the violence gratuitous and no remorse had been shown.

"It was an attack marked by ferocity," he told the Brisbane court. "You ignored ... Mr Chalker's plea for ... life. "You are a danger to society."

The court heard the boy lived an irregular life: he left home in Cherbourg at 14 to live on the streets in Brisbane, and fathered two children to older women.

About two dozen friends and relatives packed the public gallery for the sentencing. Some gasped, others began crying and one started swearing when the sentence was read.

The boy's defence barrister David Shepherd unsuccessfully urged Justice Chesterman to be lenient and take into account the boy's age at the time of the offence. He said no one could find a case where the convicted murderer was so young. "I have not been able to find any instance where a person of that age has been sentenced for this offence," he said.

He asked for a 12-year sentence, saying the attack wasn't a premeditated one, it was a spur of the moment thing, and the teenager had been affected by alcohol.

The youth will be transferred to an adult jail when he turns 18 next July.

Weazel was earlier sentenced to life in jail.

Well done Your Honour. If there were more people like you in the justice system handing out sentences to fit the crimes, the public may actually regain their faith in the justice system as a whole...

[DBourne]

Thank god!

I hate how lawyers can try and get a decent sentence for vermin like this.

[chevypower]

Originally Posted by dave93761

Well done Your Honour. If there were more people like you in the justice system handing out sentences to fit the crimes, the public may actually regain their faith in the justice system as a whole...

amen to those words! I really got sick of reading about bigger punishments for minor driving offenses than for real sick, deliberate crimes that are committed. This brings a bit of hope back in the justice system

[Springfield_Johny]

Pity they don't have NSW truth in sentencing, where life means life and not just 15 years

[rancidpunx]

Well done that man. Too many kids about these days (lol) are only a few drinks away from being just as bad.

We live in a society that has gone soft and kids are allowed to do what they like from the moment they are walking.

[chrisfpv]

Well done, amazing.

[Polyal]

As much as I am happy that a harsh sentence has been handed down....I also feel bad that a 17yo life is now over.

Granted if I knew the victim I would be happy with the sentence, but wow, remember when you were 17?

Ive never sniffed paint etc so I dont know how it sets some people off, and I am not making an excuse, its horrible what happened. But wow...if the kid had a history then thats different, and there is no doubt alot we dont know, but there is a part of me that feels uneasy with someone so young getting life.

I must be getting older, few years back I would not have said that.

How that situation happens with a 14 and 17yo I dont know...would be interesting to know the backgrounds of all.

[Dave_Obsession]

Originally Posted by Polyal

As much as I am happy that a harsh sentence has been handed down....I also feel bad that a 17yo life is now over.

Granted if I knew the victim I would be happy with the sentence, but wow, remember when you were 17?

Ive never sniffed paint etc so I dont know how it sets some people off, and I am not making an excuse, its horrible what happened. But wow...if the kid had a history then thats different, and there is no doubt alot we dont know, but there is a part of me that feels uneasy with someone so young getting life.

I must be getting older, few years back I would not have said that.

How that situation happens with a 14 and 17yo I dont know...would be interesting to know the backgrounds of all.

The 14-year-old - who cannot be named - then used a fence paling to strike Mr Chalker in the head seven times, while Weazel stomped on his upper body. Mr Chalker died at the scene from massive head injuries, including a shattered skull, a ruptured brain and internal bleeding.

I'm only 26 myself, and no, I don't care one bit that they are both under 18. You do the crime, you do the time....doesn't matter that the kid was 14 when he murdered an innocent man....he murdered somebody!!!

Hopefully this makes other young people sit up and take notice....that's part of what a sentence is designed to do.....deter others from doing the same.

[EFFalcon]

Thumbs up from me.
I don't care how drunk or innebraited they were, to kill someone like that deserves anything the law system can throw at them.

[Flaming Mo]

Originally Posted by Polyal

As much as I am happy that a harsh sentence has been handed down....I also feel bad that a 17yo life is now over.

Granted if I knew the victim I would be happy with the sentence, but wow, remember when you were 17?

Ive never sniffed paint etc so I dont know how it sets some people off, and I am not making an excuse, its horrible what happened. But wow...if the kid had a history then thats different, and there is no doubt alot we dont know, but there is a part of me that feels uneasy with someone so young getting life.

I must be getting older, few years back I would not have said that.

How that situation happens with a 14 and 17yo I dont know...would be interesting to know the backgrounds of all.

No need to feel uneasy. “Life” is merely a play on words. With time already served, legislation allows him to apply for parole release by the time he is in his late twenties, which considering his age, will very likely be granted.

Unlike his victim, his life is far from over. He will have another 4 or 5 decades to inflict violence and misery on the public.

[NAK302]

Originally Posted by Polyal

As much as I am happy that a harsh sentence has been handed down....I also feel bad that a 17yo life is now over.

Granted if I knew the victim I would be happy with the sentence, but wow, remember when you were 17?

Ive never sniffed paint etc so I dont know how it sets some people off, and I am not making an excuse, its horrible what happened. But wow...if the kid had a history then thats different, and there is no doubt alot we dont know, but there is a part of me that feels uneasy with someone so young getting life.

I must be getting older, few years back I would not have said that.

How that situation happens with a 14 and 17yo I dont know...would be interesting to know the backgrounds of all.

yeah i remember when i was 14-17. i rode bmx, went surfing, played soccer......
the last thing on my mind was sniffing petrol, getting hammered on bourbon and jumping up and down on some old fellas chest

who gives a **** about their backgrounds, trash deserves the bin

[Polyal]

Guys dont get me wrong, I was to busy playing sport and blowing stuff up. I agree he does deserve a harsh sentence aswell....but....

I am happy that the "under influence" card wasn't played aswell.

There must be more to it...how the heck does a 14 and 17 yo get ****ed, high on paint etc without people knowing?

Its a strange case.

[EFFalcon]

strange case?

have you seen teen's these days..

[Dave_Obsession]

Originally Posted by Flaming Mo

“Life” is merely a play on words. With time already served, legislation allows him to apply for parole release by the time he is in his late twenties, which considering his age, will very likely be granted.

Some light reading for everybody:
http://www.aic.gov.au/documents/0/A/...D66%7Dti19.pdf

Life imprisonment, particularly where no minimum term is specified, is but one, albeit the most common, form of indeterminate sentence. It is a sentence which places the decision to release the prisoner outside the guidance of the courts and into the hands of another authority such as a parole board. Its distinguishing feature is that the prisoner has no guarantee of ever being released from custody.

In practice the majority of lifers are released after they have served a substantial term of imprisonment, usually in excess of ten, and in exceptional cases in excess of twenty, years.

The distinguishing mark of the life sentence is the uncertainty of the date of release and therefore the uncertainly of the duration of the custodial portion of the sentence

Detaining prisoners in gaol can cost the community in excess of $45,000 per prisoner per year (Mukherjee et al. 1989, p. 592).

For the above reasons, therefore, it can be argued that it is in the public interest that the majority of life sentence prisoners should not be required to serve the rest of their days in gaol. Rather, as soon as they have served an appropriate period in gaol (determined by reference to the seriousness of the offence and background of the offender), and after careful consideration of the threat they may present to members of the community (based upon the best evidence available), the vast majority of lifers should eventually be released from prison.

In Victoria the mandatory life sentence for murder was repealed by the Crimes (Amendment) Act 1986, and courts were given power to choose between imposing life imprisonment or a lesser sentence of fixed duration. At the same time courts were empowered to set nonparole periods in respect of life sentence prisoners.

Offenders who previously had been sentenced to imprisonment for the term of their natural life (natural lifers) were allowed to apply to the Supreme Court for the setting of a minimum term. Those who had originally been sentenced to death prior to the abolition of the death penalty (effective from 1 July 1976) and had previously had their sentences commuted to life imprisonment were also allowed to apply to the Court to have a minimum term set.

The setting of minimum terms in concert with life sentences is a desirable reform. It provides a better yardstick as to the perceived severity of the offence and gives the prisoner as well as the community some idea as to the minimum duration of the custodial portion of the sentence. Of course, release at the minimum time is contingent upon the prisoner's good behaviour and this incentive contributes to the orderly management of penal institutions.

An analysis of 111 lifers released to parole between 1959 and June 1988 reveals that the average term served was 15 years and 9 months. This high average may be explained in part, by the very high proportion of lifers who had served more than 20 years imprisonment before release. The data reveal that there were 17 cases or 15.3 per cent of lifers who served over 20 years, with an average term of imprisonment of 27 years 2 months prior to their release.

[Polyal]

Originally Posted by EFFalcon

strange case?

have you seen teen's these days..

Now and then..LOL..I bet you people used to say that about us.

This is a society issue aswell. Dont know about you but when I was a teen I swear I never knew about all of the drugs, sniffing paint etc..there is ALOT more bad stuff going on these days..

Yeah when I hit about 16 (I think)..we would have parties etc but it never got to the point of maddness like this.

[NAK302]

Originally Posted by EFFalcon

strange case?

have you seen teen's these days..

yes, we had a week of it on national news not so long ago

[DBourne]

Originally Posted by Polyal

As much as I am happy that a harsh sentence has been handed down....I also feel bad that a 17yo life is now over.

Granted if I knew the victim I would be happy with the sentence, but wow, remember when you were 17?

Ive never sniffed paint etc so I dont know how it sets some people off, and I am not making an excuse, its horrible what happened. But wow...if the kid had a history then thats different, and there is no doubt alot we dont know, but there is a part of me that feels uneasy with someone so young getting life.

I must be getting older, few years back I would not have said that.

How that situation happens with a 14 and 17yo I dont know...would be interesting to know the backgrounds of all.

I see your argument, but I'm more upset that a normal member of the public, someone's son, dad, uncle, brother has been killed by a ratty little drop kick.

[Fled74]

Who cares about their backgrounds? There's absolutely no excuse for murder.
Put them in an adult prison, where they'll become someone's "ho".

They'll have plenty of time to reflect on what they did wrong while some big, sweaty tattooed bloke named Avocado has his way with them.

[Polyal]

Originally Posted by SgtBourne

I see your argument, but I'm more upset that a normal member of the public, someone's son, dad, uncle, brother has been killed by a ratty little drop kick.

I certainly dont disagree with that..but a then 14 yo....surely the 17yo was giving orders and they were both out of their minds. Doesn't change what happened...

Would love to know the parent story in all of this.

[irlewy86]

Originally Posted by GT-0733

who gives a **** about their backgrounds, trash deserves the bin

Cherbourg, Musgrave Park, "chroming".

This kid was a ticking time bomb. Its a shame someone had to die before there was community intervention. But I guess that's life in the politically correct lane.

[ltd]

Should be more of it. I'd suggest this little bastard is not ever going to change, so why bother with so called "reform"?

It's a sad indictment on our society that people have started messing with drugs/chemicals so much earlier than before - before their body has fully grown. At the end of the day, we are made of chemicals; alter the balance by introduction of other chemicals and you'll have a reaction. It's pure chemistry, and we're all seeing and hearing of the results of such substance abuses daily.

Further, another sad indictment is the fact that kids are promiscuous earlier than ever before. I'm no prude, but seeing a 12 year old in shorty-shorts and make up is wrong. We're not letting kids be kids. Classic example of kids trying to take on too much too soon is the plethora of serial idiots desiring to and/or getting pregnant before they turn 16. They in turn find out it's much harder than it looks, and either neglect the child or subject it to abuse. This then leads to them growing up maladjusted to become the new welfare bogan class - and thus the cycle begins again but each time, the intelligence quotient decreases inversely proportional to the feral behaviour quotient.
The first step to ridding us of the feral bogan culture is to do what this judge did, and stop enabling the welfare classed idiots of this world by sending them away to life where they can't hurt anyone else, nor get anyone else pregnant.......... That or we could pay all bogans a 10 grand "Vasectomy Bonus".

[Jim Goose]

Originally Posted by Polyal

I certainly dont disagree with that..but a then 14 yo....surely the 17yo was giving orders and they were both out of their minds. Doesn't change what happened...

Would love to know the parent story in all of this.

Their parents wouldnt care less im guessing... lack of real parenting these days is an issue which just appears to get worse and worse.

I also doubt the 14yr old was following orders... There has been several rape cases in the past few yrs (one here in Townsville) where 13 and 14yrs males have commited this crime.

Sorry but at the age of 14 i never had the urge to rape someone, or bash them even with afence post... even while plastered!

[yakcam]

Originally Posted by Fled74

Who cares about their backgrounds? There's absolutely no excuse for murder.

Damned straight!

Cheers,

Kraig

[buggerlugs]

They will appeal the sentence and get a softer judge, he will be out in 6 or 7 years..........

[TUF_302]

Good on the judge!!, bout time they manned up and showed actions do have consequences!

[XCwillo]

I dont feel for the kid what so ever. I always see these drop kick idiots when i go out to parties, now I dont mean to sound racist, but its a majority of Aboriginal 12-16 year old kids who are out drinking and smoking, and where the **** are their parents?! They dont care, they just let them go out and come home whenever.

Parents fault, they should of got a sentence too IMO

[Brendo_GSUte]

Well done your honour! Even tho he is 17 (he will be out in 15 years) his life isnt over, there will be appeals etc.

Reality is the majority of teenagers are just out of control these days. Im 27 and no way would i ever think of doing this 10 years ago. I would support mandatory service in the army or navy for teens these days.

Half the blame is with the parents too, with all the dont smack the children we can talk and reason with them style parenting or the just CBF looking after my kid style.

thats my rant anyway

good on the judge

[Professor Farnsworth]

Originally Posted by Polyal

As much as I am happy that a harsh sentence has been handed down....I also feel bad that a 17yo life is now over.

Granted if I knew the victim I would be happy with the sentence, but wow, remember when you were 17?

Ive never sniffed paint etc so I dont know how it sets some people off, and I am not making an excuse, its horrible what happened. But wow...if the kid had a history then thats different, and there is no doubt alot we dont know, but there is a part of me that feels uneasy with someone so young getting life.

I must be getting older, few years back I would not have said that.

How that situation happens with a 14 and 17yo I dont know...would be interesting to know the backgrounds of all.

absolutely, speechless.

[Jim Goose]

Originally Posted by XCwillo

I dont feel for the kid what so ever. I always see these drop kick idiots when i go out to parties, now I dont mean to sound racist, but its a majority of Aboriginal 12-16 year old kids who are out drinking and smoking, and where the **** are their parents?! They dont care, they just let them go out and come home whenever.

Parents fault, they should of got a sentence too IMO

Hmm you obviously dont see the "white" trash that i do.... considering that we are a majority here in this country, they (young white kids) cause the majority of problems.

[mik]

hmmmm ......can we clone this judge??