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Amadan
Enjoying my short-lived victory
10m ago
Yes it would be a serious issue. But there is no evidence that Chattah did that
ToaKraka
Dislikes you
38m ago
Here's a court opinion from Queensland, Australia.
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At three in the morning, a drunk 19-year-old male engages a 51-year-old prostitute for a 30-minute session. After the woman tells him that his time has expired, he angrily responds that he hasn't finished (ejaculated) yet and punches her in the face multiple times, resulting in "significant" injuries. Two hours later, he accosts a 66-year-old woman who is on her morning walk and rapes or attempts to rape her three times—once with fingers in vagina, once with penis in vagina (just an attempt since he failed to achieve an erection), and once with penis in mouth. He also inflicts severe injuries on the 66-year-old (dislocated shoulder, broken jaw, fractured eye socket, and broken nose). Some hours later, he is arrested, makes "partial admissions" to the police, and expresses "genuine remorse".
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The 19-year-old pleads guilty. Before the sentencing judge, the prosecutor suggests a total sentence of 14 years—3 years for the assault on the 51-year-old, and 10–14 years in total for the attempted and actual rapes and grievous bodily harm on the 66-year-old. The defense accepts that a range of 10–14 years is appropriate for the second set of offenses, and asks for a total sentence at the low end of that range. The judge imposes a total sentence of 13.5 years (with the possibility of parole after 10.8 years)—1.5 years for the assault, consecutive with concurrent sentences of 12 years for each actual or attempted rape and 6 years for the grievous bodily harm.
It is critical, as is required, that a sentence be just and appropriate, and not too crushing and disproportionate. What I have sought to do is ameliorate the sentences so that the overall sentence is just and appropriate. The likely overall sentence would have been, I think, about 16 years; that is, the sentence for count 1, in my view, is likely to have been over two years, and was likely to be over 13 years for your sexual offending, coupled with the violence.
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The appeals panel reverses. In this case, the offender was only 19 years old, had no criminal history, had a disadvantaged background (his mother committed suicide when he was 13, and he lived unhappily with his grandmother afterward; he was exposed to excessive drinking and violence in his childhood; he started drinking at age 15), has expressed remorse, and has been out on bail for 16 months without reoffending. In the context of both the crimes and the offender's background, the sentence imposed was "manifestly excessive".
The case of R v Wark, in which the offender was resentenced, on appeal, to 12 years’ imprisonment, supports the view that 12 years was too high in this case. The offender in Wark was 51 years old, with a limited criminal history of minor drug offending. He too had a problem with alcohol and had been drinking in the lead up to the offending, which started at about 1 AM one Saturday morning. The complainant, a woman in her 30s, [suffered one assault while armed, one assault with intent to rape, one deprivation of liberty, five actual rapes, and one attempted rape]. Both by reference to the circumstances of the offending (which involved a far more prolonged series of violent and degrading sexual assaults) and the offender, Wark is a more serious case.
The panel resentences the offender to 11 years (with the possibility of parole after 8.8 years)—1 year for the assault, consecutive with concurrent sentences of 10 years for each actual rape, 5 years for the attempted rape, and 5 years for the grievous bodily injury. -
One judge on the panel dissents. She would impose a total sentence of 10.5 years (with the possibility of parole after 8.4 years)—1.5 years for the assault, consecutive with 9 years for the oral rape, and no further penalty for the other crimes.
It seems to me that a comparison with the offending in Wark and the offending in the present case shows that the primary judge’s starting point of perhaps 16 years for the total of the appellant’s offending was significantly too high. Serious though it was, the appellant’s offending was objectively much less than Wark’s offending. Not only was the starting point too high but, again in comparison with Wark, a reduction from 16 years to 13 and a half years in the present case was an insufficient reduction to reflect a guilty plea. Significantly the primary judge in this case needed to mitigate the sentence he imposed to reflect a guilty plea, and also to reflect the fact that the appellant was a young man with no criminal history (Wark was a mature man). The appellant’s youth and lack of criminal history bore upon his prospects of rehabilitation. His youth also bore upon the primary judge’s consideration of totality. That is, in considering what might be a crushing sentence, the primary judge was obliged to consider the appellant’s youth.
The period of nine years is inflated to allow for the criminality of all the offending against complainant 2.
(The judges don't mention it, but obviously any 19-year-old male who would choose to hire a 51-year-old prostitute also has a severe mental disability that warrants special sentencing treatment.)
Is there any evidence that what she did was in any way warrented?
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