Friday, September 28, 2012

The Majesty of the Law

A MUCH-CONVICTED criminal on parole, a man with a record of sexual violence, king hits a young bloke for no reason outside a Geelong cafe and puts him in hospital with a broken jaw. In court, the magistrate notes the accused's sorry history, summons the full authority of the law and sentences the 40-year-old thug to .... three months behind bars. Yes, just three months -- if he served the full term, which is most unlikely. Indeed, the basher may well have been back on the streets before surgeons removed the wire from his victim's jaw.

That attack was in January. Nine months later, the courts have another case to deal with.

Something else: The magistrate in the Geelong matter was appointed to the bench in 2002. His background was in WorkCover cases and personal injury law.

UPDATE: Legal advice has been received that the link originally included in the first paragraph of this post might not be kosher, so the Geelong Advertiser's report of Senior Constable David Vanderpol's account before Geelong Magistrates Court of what transpired in Little Malop Street, as reported by Karen Matthews on February 28, has been removed.

UPDATE II: Not only has the link been removed from this post, the Geelong Advertiser has flushed its report down the memory hole as well. The public has a right to know -- to know what it is told. 



41 comments:

  1. The first time a Magistrate is king kit by a thug you will se the penalties triple overnight. In the meantime they live in their ivory tower with car and driver supplied.

    ReplyDelete
  2. Excellent work, Bunyip. The conclusion is inescapable: if this psychopathic thug had been given seven months' jail instead of three, the murder of Gillian Meagher wouldn't have happened.

    ReplyDelete
  3. This POS was on bail until 2013, commits another crime and is still out before 2013. WTF was this idiot Saines thinking. Ah yes, a Hulls appointment. Say no more. Grrrrrrrrrr

    ReplyDelete
  4. In a just society lawyers, judges and members of parole boards would be held accountable for their decisions.

    Punishment would focus their minds. This could involve a financial penalty, a loss of their job or in cases that merit it - a custodial sentence.

    jupes

    ReplyDelete
  5. One might hope that such a direct correlation between the ineptitude of the judiciary and subsequent re-offending might lead to a huge shake-up of sentencing laws. Alas, I won't be holding my breath.

    ReplyDelete
  6. If this were the 1950s, this yobbo wouldn't see Christmas, he'd be well & truly turned into a Giraffe by then.

    ReplyDelete
  7. Perhaps, on the next occasion that issues are raised about the politicization of judicial appointments the media and the public might pay just a little attention and maybe even apply some pressure. The ALP are serial stackers of the judiciary, usually with mates who cannot cut it in the profession at large and whose only hope is the largess of the party providing them access to the public purse. Never mind the consequences of unqualified and incompetent people occupying judicial office.

    ReplyDelete
  8. The Old and Unimproved DaveSeptember 28, 2012 at 8:46 AM

    Goodness gracious me, you are being unfair to the beak.....he is quite capable of bringing down twenty year sentences for bashings when required to by.....whoever.

    http://timesofindia.indiatimes.com/world/Long-prison-sentences-to-attackers-of-Indian-origin-doctor-in-Australia/articleshow/5241987.cms?

    ReplyDelete
    Replies
    1. Alas Dave, that was not the Beak in question. Read further down the page for the Staines entry.

      Delete
  9. It is absurd to argue that the Geelong magistrate bears some responsibility for the death of the young lady. Only on a primitive 'but-for' test of causation could this be so. But two matters should be up for discussion. One is whether sentences for violent crime (and punching a person in the face should be so regarded) are too light. The other is the matter raised by 8:27 Anon. There are dozens of examples of political appointments to the bench and to tribunals - the ACT would make a fine case-study. Sometimes it's just straight out reward for political service, and at other times the pursuit of some axiom of political correctness. But what can be done is not easy to say. 'Judicial appointments commissions' may make it worse - these bodies can of course be stacked too.

    ReplyDelete
    Replies
    1. Might be absurd to legal minds but why was this POS out when parole violated?

      Jeff

      Delete
    2. Jeff; I don't know. My objection is this: we cannot lock up indefinitely persons convicted of a crime of violence on the basis that unless we do they might be violent again.

      Delete
  10. Fear not, you can rely on Teddles to fix the violent bogan sentencing joke.

    That's after he's prosecuted another lot of Pastors for accurately quoting the Koran. Lib Lab....you know you love it.

    ReplyDelete
  11. Well found Prof.

    This is not a one off, it's quite common. We live in what Samuel Francis termed a state of anarcho-tyranny:

    What we have in this country today, then, is both anarchy (the failure of the state to enforce the laws) and, at the same time, tyranny – the enforcement of laws by the state for oppressive purposes; the criminalization of the law-abiding and innocent through exorbitant taxation, bureaucratic regulation, the invasion of privacy, and the engineering of social institutions, such as the family and local schools; the imposition of thought control through "sensitivity training" and multiculturalist curricula, "hate crime" laws, gun-control laws that punish or disarm otherwise law-abiding citizens but have no impact on violent criminals who get guns illegally, and a vast labyrinth of other measures. In a word, anarcho-tyranny.

    The laws that are enforced are either those that extend or entrench the power of the state and its allies and internal elites ... or else they are the laws that directly punish those recalcitrant and "pathological" elements in society who insist on behaving according to traditional norms – people who do not like to pay taxes, wear seat belts, or deliver their children to the mind-bending therapists who run the public schools; or the people who own and keep firearms, display or even wear the Confederate flag, put up Christmas trees, spank their children, and quote the Constitution or the Bible – not to mention dissident political figures who actually run for office and try to do something about mass immigration by Third World populations.



    ReplyDelete
  12. While I agree with you Tom in some regards "TomSeptember Excellent work, Bunyip. The conclusion is inescapable: if this psychopathic thug had been given seven months' jail instead of three, the murder of Gillian Meagher wouldn't have happened."

    While he should have been given a much tougher jail term in the first place, it would have been inevitable that it would be someone else, not Jill that this happened to.

    I was king hit by someone behind a Kings Cross nightclub back in 2000 but my attacker was never identified, all I remember seeing is a dark shadow. The police never came to see me the next morning in hospital when I woke up with 6 stitches in the back of my head either, and I was flying back to Melbourne that day so I didn't have time to make a report

    ReplyDelete
  13. All good until..not "wear seat belts".

    Fine as long as you privately insure for long term care. Seatbelts are non invasive and easy and we don't have the money anymore to stroke seat belt / helmet optional nutters. I want to drive permanently on treadless slicks too.

    ReplyDelete
  14. The Geelong Advertiser has removed the link . . . well found anyway.

    ReplyDelete
  15. Prof, while Fairfax and News focus on selling the murder-mystery of a beautiful young public figure's mysterious disappearance it takes a reclusive Bunyip with his trusty mouse to uncover the real story and move it from pulpy thriller to police procedural. How hard can it have been for these bloated publishing houses at least to ask A Question about the "41 year old Coburg man"? How, I wonder, would they have covered the story had the "41 year old Coburg man" instead happened upon a toothless ageing streetwalker from Frankston? Thankyou.

    Ragingcato, Millthorpe

    ReplyDelete
  16. Good on you. I spotted the Advertiser story this morning going the blame. I could not believe what I was reading, especially his defence lawyer's statement!

    ReplyDelete
  17. Excellent Billy Nudgel. That one has been printed up and stuck on the wall.

    ReplyDelete
  18. It is a shame that the serial tweeter, Catherine Deveny, did not report to the police her alleged July encounter with this criminal when it happened. Had she done so perhaps Jill Meagher would still be alive today.

    ReplyDelete
    Replies
    1. "Devaney","alleged July encounter".Hmm,say no more.

      Delete
  19. Well spotted Bunyip. If the public are fed up with this imagine how the police feel. All the work they do to find and catch these mongrels only to see them sent straight back out onto the street. Three months for the king hit is bad enough but why on earth was his parole not revoked. The system is totally broken.

    Megan

    ReplyDelete
  20. And of course now the Advertiser has "disappeared" the story as inconvenient ...

    ReplyDelete
  21. Sadly Robert Hulls will never be called to public account for the many wanton travesties of justice of which he is guilty. Perhaps, Mr Hulls, as you age you will reflect and repent? Although I doubt it.
    Xeric

    ReplyDelete
  22. I think the article by Karen Matthews, dated February 28, 2012 can be found here:
    http://aussiecriminals.com.au/
    (just under the short video clip) as at 11:10 on 28-09-2012.

    ReplyDelete
  23. The jury isn't supposed to know he has priors. If there is a jury.

    How does that work if, say, Chopper Read found himself before a jury again? They'd need to impanel a jury from China or somewhere.

    ReplyDelete
    Replies
    1. That's the problem. When a scientist investigates the truth of something all evidence is on the table. then it's weighted as it's not all equal. Some is of zero value etc. But if courts exclude evidence then it's really about upper class status and culture and not about enabling a jury to discover the truth.

      Delete
  24. Bunyip I still have the page up and have saved it as a web page but not sure how to take a screen image?

    If you want what I have, or can tell me how to do the other, happy to email it to you. Then you can instert it into your article.

    Cheers

    ReplyDelete
  25. Larry Pickering has put the facts up re the attacker.
    http://pickeringpost.com/article/accused-killer-adrian-bayley-spent-most-of-his-life-in-jail/623

    ReplyDelete
  26. See here http://aussiecriminals.com.au/2012/09/28/adrian-bailey-raped-and-murdered-jill-meagher/

    for a copy of the article, just under the short video clip.

    ReplyDelete
  27. PWAF, looks like Bolt has "disappeared" his link, too.

    ReplyDelete
  28. Morons, the article is still there:

    http://www.geelongadvertiser.com.au/article/2012/02/28/309801_news.html

    It's just the comments that are gone, so that your link to the article comments is now disappeared.

    ReplyDelete
    Replies
    1. "Morons, the article is still there"

      I just went to the address you gave and got "This article no longer exists".

      Delete
    2. Careful whom you call moron; the link you provide gives us: “This article no longer exists”.

      Delete
    3. I reckon there was once something more substantial there than "This article no longer exists" x 3.

      But what would a moron like me know.

      Delete
    4. News Geelong

      Print

      Share

      This article no longer exists

      | February 28th, 2012

      Delete
    5. "I reckon there was once something more substantial there than "This article no longer exists."

      If the article NOW consists solely of the words "This article no longer exists", then the article ALWAYS consisted solely of the words "This article no longer exists".

      And we have ALWAYS been at war with Eastasia.

      Delete