Thread: Another disappointing sentence

No Im not arguing just using a real life example. I think cameras would deter you and I but career crims have a different mind set to us.

Originally Posted by Tahr

This is an interesting perspective: https://nij.ojp.gov/topics/articles/...out-deterrence

Possibly - one of the things that it doesn't discuss is the question "Does a home detention sentence have any sort of deterrence effect?" From the limited experience of people on home detention that I have, it really isn't much cheaper to the crown and actually requires more monitoring and support for supplies etc. I'd suggest some people on a HomeD sentence would just carry on with life as per, but a lot of them would play by the rules.

I suspect the issue that we are having as licence holders is that there really appears to be no form of recognition for a crime which enables or facilitates more crimes, and more violent crimes to occur at that. It's not so much I think the lack of a deterrent effect that pisses people off so much, but that the people that ignore the rules in this space could be an accessory to murder but are getting away with a couple of months staying at home funded.

I read a couple of weeks ago somewhere that only about 30% actually get monitored on home d. Cant remember where I read it but it was a surprise to me

A wise man oncew told me that Judges, particularily the oine at Distract Court level, are failed defence Lawyers. Afterall the best defence lawyers never make it to the bench. Some of the decisions of late would tend to proof thaq statement

I think the judges hands were tied, because the criminal had no previous convictions, etc. etc. - in fact before the offending, they were fit and proper. My understanding is that counts towards significant discounts, along with remorse, upbringing, blah, blah... and if the final sentence is less than two years in jail, then it can be served as home detention by default. The system is definitely broken, and the rules really need to be looked at in terms of the victims, and whether the court has delivered proper justice.

Originally Posted by No.3

Possibly - one of the things that it doesn't discuss is the question "Does a home detention sentence have any sort of deterrence effect?" From the limited experience of people on home detention that I have, it really isn't much cheaper to the crown and actually requires more monitoring and support for supplies etc. I'd suggest some people on a HomeD sentence would just carry on with life as per, but a lot of them would play by the rules.

I suspect the issue that we are having as licence holders is that there really appears to be no form of recognition for a crime which enables or facilitates more crimes, and more violent crimes to occur at that. It's not so much I think the lack of a deterrent effect that pisses people off so much, but that the people that ignore the rules in this space could be an accessory to murder but are getting away with a couple of months staying at home funded.

^^^^THIS!!!^^^^

Let's not forget that the judges don't write the law - and they are obliged to sentence as the law provides for penalties.

Parliament is where meaningful changes are made to sentences, not in a courtroom.

Originally Posted by Ross Nolan

Let's not forget that the judges don't write the law - and they are obliged to sentence as the law provides for penalties.

Parliament is where meaningful changes are made to sentences, not in a courtroom.

But in this new world, you don’t have to follow the laws the government make, just continue as usual, if you don’t agree
Except for FAL holders

Originally Posted by Ross Nolan

Let's not forget that the judges don't write the law - and they are obliged to sentence as the law provides for penalties.

Parliament is where meaningful changes are made to sentences, not in a courtroom.

thats not entirely correct judges have a guide but in the court room they do have some discretion the judge in this case could have imposed a custodial sentence

my understanding is the judiciary are subject to the sentencing act (amongst numerous others) and IIRC didnt the previous mob review it "to reduce jail numbers (??increase their fan base)

this combined with a whole lot of "modern reports etc etc and such words as remorse seems to explain how they do their sums and arrive at the prize...oops sorry sentence

Originally Posted by Barry the hunter

thats not entirely correct judges have a guide but in the court room they do have some discretion the judge in this case could have imposed a custodial sentence

He/She would have to justify a deviation from the guidelines - and I'm very firmly in the camp of not appreciating activist judges. Their job is to interpret and apply the law as written by Parliament, not to craft it according to their whims.

In this case of course I would prefer the application of jail time, but I can think of any number of other cases where judges making it up as they go along would be not great. On balance, if you want folks in jail for longer, lobby your MP for this, so the Judges can just do their job, not theirs and Parliaments.

He wasnt a rugby player was he

Originally Posted by MarkN

I general terms, Judges are drawn from the better of the Lawyers.

Like a chippy could progress from hammer hand, to builder, to Master Builder. He's not gonna be a Master Builder if he's crap with the hammer.

My mistake when originally talking about Lawyers and Judges was that I assumed that people would know that the Judges are usually made from very good and honourable Lawyers .

Unlike in the states where you can be a Judge or a Sheriff by being voted for, qualifications not required.

I disagree, very good lawyers for the most part will follow the $$$ and that is not becoming a judge (typically it's working for a big corp or big law firm).

Judge is a career path for average or less than average lawyers.

Like I've said, I've known a few lawyers in my time (personal not in their role as lawyers) as well as done some work for large law firms (including some who ended up being in the news).