Author adminPosted on Categories Criminal law Leave a comment on 10 principles of sentencing in Queensland
Sentencing in criminal law, as is well known, is a matter for the discretion of the sentencing Judge. A discretion in the law means that rather than ‘hard and fast’ (inflexible) rules determining the outcome, the judge is to exercise their own judgment in each case after considering all relevant factors. As the majority of the High Court of Australia observed in GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32:
In Queensland, criminal sentencing of adult offenders must be in accordance with the Penalties and Sentences Act 1992 (Qld).
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Author adminPosted on Categories Criminal law Leave a comment on Jarryd Hayne sentenced to four years and nine months imprisonment for sexual assault
Former rugby league star Jarryd Hayne has been sentenced to four years and nine months imprisonment for sexually assaulting a woman in Newcastle.
Last month, Hayne was again convicted by a jury for these offences. He was subsequently remanded in custody.
Hayne’s previous conviction was set aside on appeal with a re-trial ordered.
This sentence was lighter than his previous sentence of five years and nine months.
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Author adminPosted on Categories Criminal law 1 Comment on Chris Dawson sentenced to 24 years imprisonment
In August, Former Sydney schoolteacher and rugby league star Chris Dawson was found guilty of murdering his first wife Lynette Dawson following a long judge-only trial.
Chris Dawson was yesterday sentenced to 24 years in prison for this crime.
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Author adminPosted on Categories Criminal law, Terrorism 1 Comment on Bourke Street killer James Gargasoulas’ criminal history
It seems the jury that convicted Bourke Street killer James Gargasoulas, who was found guilty of 6 counts of murder and 27 counts of reckless conduct endangering life, got it right:
“Prosecutors said Gargasoulas had relevant criminal history of violent offending with nine relevant cases between 2009 and 2014 including five assault charges and four charges of reckless conduct endangering serious injury.
Court documents show he also offended at age 14 when he brought a stick of gelignite onto school property in Coober Pedy.”
Unsurprisingly, the Prosecution says Gargasoulas should be locked up indefinitely:
“In sentencing submissions presented to the Supreme Court today prosecutors claimed Gargasoulas’ crimes represented the worst examples of murder in Victoria…
“Like the unspeakable crimes committed by Martin Bryant at Port Arthur, Bourke Street, Melbourne, will never be the same again,” the submission stated.
In their submission, prosecutors said Justice Mark Weinberg should sentence Gargasoulas to life without parole based on the number of murders, the deaths of two children, his criminal history and the need for deterrence.”
The defence on the other hand is arguing that Gargasoulas’ mental illness resulted in reduced culpability:
“In submissions tendered to the court, the defence said specific deterrence has a limited role because of his condition and a prison term would weigh more on Gargasoulas than other prisoners because he is confined to his cell for 23 hours a day.
The defence also claimed Justice Weinberg should set a non-parole period and said Gargasoulas’ prior offending was more representative of an anti-social pathology fuelled by drug use than an inherently cruel, callous or barbarous.
“In relation to the nature of the offence, whilst deliberate, tragic and destructive, was borne of a deluded desire to ‘save the world’ underscored by the prisoner’s belief that he had lived many lives and if he, or others died, for that purpose, that rebirth was possible (the concept of reduplication of time),” the submission stated.”
