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Alcohol fueled violence

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Bill M said:
The sentence was handed down after the magistrate viewed security footage of the incident, which showed Dooley punching the bouncer in the face and kneeing him in the stomach.

Dooley pleaded guilty to the charge of assault occasioning actual bodily harm at the Downing Centre Local Court but said and told the court he had been drunk at the time and had no memory of attacking the bouncer.

http://www.theaustralian.com.au/news/irish-backpacker-jailed-for-minimum-eight-months-for-attack-on-bouncer-outside-scruffy-murphys/story-e6frg6n6-1226810086019
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Seems reasonable for what he did.

A good start to solving this problem is removing alcohol drugs acupuncture or whatever else they want to use an excuse and setting the punishment to the crime. If you're violent / short tempered / nasty when drunk then stay home, otherwise you'll charged as being premeditated for your assualt. I wouldn't go so far as saying they were out to kill someone, but would say they get charged with a high level of intent to harm when you're goign to punch someone that hard.

Sentences also need to be tougher on repeat offenders, and bail restrictions need to be harsher too, though clamping down on it too much is going to be costly considering something like 20-25% of prisoners are actually waiting for their court appearance. Maybe some weekend detention might give them less scope to reoffend? Turn up drunk / high in jail, turn up late and you'll receive a harsher sentence when you finally come to court.
 
sydboy007 said:
Seems reasonable for what he did.

A good start to solving this problem is removing alcohol drugs acupuncture or whatever else they want to use an excuse and setting the punishment to the crime. If you're violent / short tempered / nasty when drunk then stay home, otherwise you'll charged as being premeditated for your assualt. I wouldn't go so far as saying they were out to kill someone, but would say they get charged with a high level of intent to harm when you're goign to punch someone that hard.
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Being drunk/under the influence of drugs is not a mitigating factor in sentencing. It's funny how half arsed the government is, according to their silly 16 point plan they will remove it as a mitigating factor. One wonders if they were drunk when they drew it up.

Here's another beauty...

NSW Bar Association president Phillip Boulten, SC: "You are at Mardi Gras and on ecstasy, and you don't move along when you're told to by a police officer. The policeman puts his arm on you and you push it away. You have assaulted a police officer and you're on drugs. Mandatory two years in prison."
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Remember, it's mandatory, the ability of the court to impose a fine/good behaviour is removed, this person will spend two years in prison for the most minor of offences. What a great place to live.

Read more: http://www.brisbanetimes.com.au/comment/little-justice-in-new-laws-20140124-31ed1.html#ixzz2rTwxqRSx
 
McLovin said:
There's a research paper from the AIC floating around about sentencing in Australia. It found that members of the public when given all the relevant facts of a case tended to give far lighter sentences than magistrates and judges. That's not to say some people get let off easy, as with anything that involves human decision making that happens, and it makes great "news", but it doesn't mean the system is broken.
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A while ago I spent a morning in the Rockingham magistrates court watching the local flotsam and jetsam come before the court.

I was genuinely surprised are how hard the magistrate worked to arrive at a just and fair out come in terms of the sentencing, community and the accused.

These guys deal with 1000's of cases a year gave me a lot of faith in the system over all.

Suggest the critics here get off their big fat ar$es and do the same
 
IFocus said:
A while ago I spent a morning in the Rockingham magistrates court watching the local flotsam and jetsam come before the court.

I was genuinely surprised are how hard the magistrate worked to arrive at a just and fair out come in terms of the sentencing, community and the accused.

These guys deal with 1000's of cases a year gave me a lot of faith in the system over all.

Suggest the critics here get off their big fat ar$es and do the same
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Yes, I spent a morning in the Mandurah court waiting for a hearing for a forced eviction . I wasn't allowed in untill my case was due to be called.
Must go up to Rockingham, sounds like Judge Judy, where you can have a peanut gallery.:D
Sounds like a great day out, do you have to pre book a seat.:xyxthumbs
 
NSW Bar Association president Phillip Boulten, SC: "You are at Mardi Gras and on ecstasy, and you don't move along when you're told to by a police officer. The policeman puts his arm on you and you push it away. You have assaulted a police officer and you're on drugs. Mandatory two years in prison."
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Or for an even sillier, but plausible example:

You are standing at a bus stop listening to music through headphones, and you don't move aside when you're told to by a police officer because you didn't hear them. The policeman puts his arm on you and you push it away thinking it was some random stranger attacking you, since you hadn't noticed the presence of the police officer whom you have now assaulted. Mandatory two years in prison.

I've done a bit of searching and there doesn't seem to be too much evidence regarding this supposed increase in violence. Most of what I can find says that violence on the streets is actually decreasing, not increasing, thus making the whole thing a media beat up. And when the "free" press gets involved, you can be pretty sure it's in order to push some agenda or justify some decision that's already been made. At a guess, the exemption of the casino in Adelaide from new liquor laws might have a bit to do with it. Follow the money..... No doubt they'd love to do the same in other states too and have thus far succeeded in NSW it would seem.
 
And it just keeps going on, no use denying it.

---
Another night, another coward punch in Sydney: man attacked in Campbell Parade, Bondi Beach

AUSTRALIA Day celebrations were marred by a coward punch attack which left a man with serious injuries in Sydney's east.

"He gave him a punch, a really really hard punch, on his face and he was on the road bleeding,

http://www.dailytelegraph.com.au/news/nsw/another-night-another-coward-punch-in-sydney-man-attacked-in-campbell-parade-bondi-beach/story-fni0cx12-1226810904165
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http://www.smh.com.au/comment/its-the-drugs-not-booze-fuelling-violence-20140126-31gur.html
It's the drugs, not booze, fuelling violence - January 27, 2014 - Stuart Gregor

Behind Fairfax's paywall, but...

...Virtually no one can go on a 10-hour drinking binge and be capable of throwing much of a punch. They are more at risk of falling in front of a cab, spewing in the very same vehicle or walking into a wall.

The sheer intensity of the recent violence is proof enough that there is a lot more than bourbon and beer fuelling the fights...

...The rogue licensee loves a few amphetamines hanging around the pub. It means punters stay longer and drink more. Then they go out and belt someone...

Read more: http://www.smh.com.au/comment/its-t...ng-violence-20140126-31gur.html#ixzz2rXUc31J3
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Logique said:
http://www.smh.com.au/comment/its-the-drugs-not-booze-fuelling-violence-20140126-31gur.html
It's the drugs, not booze, fuelling violence - January 27, 2014 - Stuart Gregor

Behind Fairfax's paywall, but...
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The major issue I had with that article is quite often the punches are buy people not THAT drunk. Poor Daniel Christie was punched before midnight and I can't recall there being mention of drugs involved with the perpetrator, nor did he seem to be too fueled up on grog.

The coward punch that landed Alex McEwen-Henderson in hospital may have been partly due to steroids as police found 13 vials of it in the house of the perpetrator.
 
Agree with you, Syd.

Sentences also need to be tougher on repeat offenders, and bail restrictions need to be harsher too

Considering a majority only serve a third of their sentence, yes they should be harsher.

I think these scenarios are getting abit silly, regarding the police, as they give plenty of warnings.
Anyone that assaults police, ambos or firies, deserve the book thrown at them.

Punishment needs to fit the crime, and in my opinion, its not happening.
 
Tink said:
I think these scenarios are getting abit silly, regarding the police, as they give plenty of warnings.
Anyone that assaults police, ambos or firies, deserve the book thrown at them.
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(my bold)

You don't get out much, do you?
 
Tink said:
I think these scenarios are getting abit silly, regarding the police, as they give plenty of warnings. Anyone that assaults police, ambos or firies, deserve the book thrown at them.
Click to expand...

No problems with that in theory but it's open to abuse in my opinion.

Whilst I'm sure that the vast majority of police are decent, honest people carrying out their duties if there's one thing I've learned over the years it's that if you create an opportunity to exploit a loophole then someone will take advantage of it. It creates a very easy option with guaranteed imprisonment versus practically any other crime which goes before the court with an uncertain outcome. It's not hard to see that someone, somewhere will abuse that power.

It's like the family violence laws in Tas. The intention is good but it's no secret that the system has been abused given the presumption of guilty until proven innocent (which may take a long time to prove) and the very limited discretion police have in dealing with the accused.

I absolutely agree that we need to address the problem of violence in all forms. But there need to be proper checks and balances in administering punishment otherwise it's inevitable that someone will abuse the system. :2twocents
 
sptrawler said:
Yes,
Must go up to Rockingham, sounds like Judge Judy, where you can have a peanut gallery.:D
Sounds like a great day out, do you have to pre book a seat.:xyxthumbs
Click to expand...

LOL no booking required but it was interesting a side of life the average person would'nt see.

I feel sorry for the thankless task magistrates have to do day in day out with the general public demanding action from them to solve the community's problems which by the time the issue gets to them its way to late.
 
McLovin said:
(my bold)

You don't get out much, do you?
Click to expand...

As Bill said, How is it, the majority of people go through life with next to no encounters with Police, yet others continuously seem to get into trouble?

Thanks Smurf, I see it working both ways.
 
Tink said:
Dylan Closter, who landed the 'cowards punch' that led to David Cassai's death in 2012, has been jailed for 9 years and 3 months, minimum 6 years.
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6 years doesn't seem long enough for a thug like him, I hope he does they full sentence.
 
Agree, VC. The law changes next week to a minimum of 10 years.

I don't think its ever enough if you lose a child. One moves on and the other gets a life sentence. Justice?
He has travelled the world, seen the most dangerous places, yet is killed in the street he has walked many times in his own state.
 
If the streets are ever to be reasonably safe we need to tighten out sentencing laws considerably.

Life for a crime like this should be mandatory, this bloke KILLED someone with a deliberate action.

Why let people like this out after a period in jail ? they are only further damaged and a danger to society.

Rapists
Murderer's
Child molesters

Why should they be allowed out again...........ever ?

Saw on TV where registered sex offenders have to wear a bracelet so they can be monitored, what the hell does that cost ?

Throw away the key.

We need to change things before the vigilantes start to inflict their own justice.
 

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