Adrian Bailey's sentencing

[brenden]

Opinions like "death is too good for him" is part of the reason why the idea of trial by jury terrifies me.

Yeah I know right -- like -- as if a jury could possibly remain unbiased and free from media influence with all the hooplah surrounding the case.

[Dejan]

Even if I thought capital punishment was morally okay, I would still rather it barred fr the legal system so that rapists et al are forced to sit in a cell for te rest of their life. Honestly, dieing for some people isn't much of a punishment.
I won't comment on his sentencing, but I'll comment on the "oh, his life will be wasted, so the sentence should be less". - the sentence he's imposed on someone else goes forever, so why is the quality of his life still of concern? I'm not arguing an eye for an eye, I'm saying "oh, poor rapist/murderer " is a shit reason to decrease the sentence.

Captial punishment doesn't really fulfill the deterrence and rehabilitation principles of sentencing considerations so it's less favored. There is still concern for his wealth because it was reported that he became suicidal before his trial commenced and therefore it's better to keep him alive and face his punishment instead of taking the easy route of suicide.   

[Dejan]

My legitimate opinion is that these people should be removed from this world, put them out of our misery. Not worth the tax payers money to keep them in a cell. He'll get murdered in prison anyway.

He deserves to suffer for his murders and rapes that he has committed, he needs to face the reality of his own guilty conscience instead be killed via capital punishment or suicide, the community would be bitterly disappointed if he did pass away. That's likely to happen considering how wide-spread his case was

[Dejan]

Death is too easy a way out, I'd rather have them rot in prison.

Exactly right!

[brenden]

Dejan, you're spamming the thread. If you want to reply to multiple people, click 'reply' and then scroll down and click 'insert quote' of whoever you want to reply to, and do it all in the one post to avoid spam

[Dejan]

Yeah they would. But sentencing should be consistent across similar cases, and the public can jam their outcry.

Judges have to refer to previous cases that are similar in material facts and any mitigating factors which guides judge's decision. It's important to make similar decisions in the past in order to uphold the doctrine of precedent. I am sorry Brenden, I am just used to replying to everyone individually won't happen again

[brenden]

Judges have to refer to previous cases that are similar in material facts and any mitigating factors which guides judge's decision.

I know, hence why I would be annoyed if he was sentenced because of the media hype.

And all good

[Dejan]

I know, hence why I would be annoyed if he was sentenced because of the media hype.

Oh definitely, it would be quite outrageous

[ninwa]

You might find this interesting! Courts are generally obliged to take this into account when sentencing.

[Professor Polonsky]

My legitimate opinion is that these people should be removed from this world, put them out of our misery. Not worth the tax payers money to keep them in a cell. He'll get murdered in prison anyway.

Capital punishment is actually more expensive than a life sentence. US States are abolishing capital punishment in order to save money.

[brenden]

You might find this interesting! Courts are generally obliged to take this into account when sentencing.

Which bit to we click on?!

[ninwa]

Which bit to we click on?!

List of publications: http://www.sentencingcouncil.vic.gov.au/listing/publications/category

Here's some to get started with:
Statistical report for sentences for sexual penetration offences
community attitudes
snapshot: murder
snapshot: rape
sentencing for "serious and significant" offences which is defined in some legislation that I can't remember right now but definitely includes murder and rape

[chasej]

It seems to me that Adrian Bailey was like a Peter Dupas except instead of repeadetly killing he repeadtly raped with his violence escalating as time went on. A truly dispicable human being with an extreme hatred of women to have been capable of doing what he did and at the same time having the audacity to attempt to get away with a lesser charge based on some obscene defence, which he later retracted.

The only mitigating factor is the fact he eventually pleaded guilty and spared victims and all others following the case from needing to engage in a lengthy trial.

At the end of the day, 35 years to life is one of the longest sentences given in Victoria in recent times and if a judge was to give a harsher sentence based purely on the media attention and not the facts of the case it would have set a worrying precedent in terms of fairness of sentencing in Victoria.

Prison ages people pretty quickly so I imagine if Bailey does actually survive the minimum of 35 years in prison he wouldn't be able to do much when he is released. Hopefully the parole board in 35 years time remembers their mistake of letting the guy out in the past he lives the rest of his natural life in prison.

[Russ]

Yeah I know right -- like -- as if a jury could possibly remain unbiased and free from media influence with all the hooplah surrounding the case.

Well I was more saying that having these people _on_ the jury is the main concern. It's well documented that the general public basically don't know anything about the actual court system and rely on tabloid editorials to make decisions. Terrifying -,-

He deserves to suffer for his murders and rapes that he has committed, he needs to face the reality of his own guilty conscience instead be killed via capital punishment or suicide, the community would be bitterly disappointed if he did pass away. That's likely to happen considering how wide-spread his case was

If the community are disappointed because someone has died and they wanted them to suffer, they can harden the fuck up.

[Stick]

Jill Meagher lost her life. Adrian Bailey will only lose 35 years of his life. Whilst I do not condone the death penalty, I hope that he will not survive too far beyond his release (if he does indeed make it that far). Is there any particular reason as to why a life sentence was not given?