Posts by Rosemary McDonald
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Hard News: Judicial caprice is no way to…, in reply to Steve Barnes,
There is no record of this in the local papers, even though we know the date of the offence, there is nothing about the crime or the prosecution of the culprits.
Something very, very fishy about that.
Conspicuous by absence.
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Hard News: Judicial caprice is no way to…, in reply to Russell Brown,
I remain extremely unconvinced that McDonald’s hands were tied to the extent he said. Also, why wasn’t the option of community work explored? It would seem a very appropriate way to deal with van Gaalen.
Nail on the head there Russell.
Now, what quantity of shit, and from what height, for questioning a Judge's sentencing?
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Hard News: Judicial caprice is no way to…, in reply to Katharine Moody,
Shhhh!
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Speaker: Why we need to stop talking…, in reply to Peter Malcolm,
+1
No, we must continue to talk about income inequality
I think maybe we should stop talking and start acting.
Less hui, more dooey.
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Hard News: Judicial caprice is no way to…, in reply to David Tong,
– van Gaalen pled not guilty and went to trial.
And prosecuting lawyers don't like that.
I wonder if there was some confusion about the legal meaning of the word "supply"
To some mere mortals, "supply" implies "sale"...which by all accounts, and even the Judge remarked...there was no evidence that she was 'dealing'.
If I were growing for my mates...no way would I plead guilty to an offence (no matter how much pressure applied by the prosecutor) which implied I was selling.
I wonder if this was properly explained.
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In a magnanimous gesture, Salk never patented the vaccine.
"Vaccine Developer Chooses Not to Exploit Human Misery"
Not a headline we're likely to see nowadays.
Excellent post Hilary, as usual.
When is the book coming out?
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Hard News: Judicial caprice is no way to…, in reply to Katharine Moody,
Me too.
I see that, and I know from personal experience that prosecuting lawyers can sometimes choose to ignore the human aspects of a case. They can relentlessly pursue, ignoring glaring inconsistencies in the police case because, once in the hunt for fresh meat...
And the only real hope is that the Judge does his job, sort the fact from the bullshit, and arrive at a fair and just decision.
And sentence according to his/her own stated parameters.
PS I'm finding the whole 'we're only acting under instructions' argument from the legal fraternity ironic.
How would that line of defense stand up in court?
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Hard News: Judicial caprice is no way to…, in reply to Russell Brown,
Seeking three years seemed excessive relative to other cases noted, but the judge is supposed to be able to sort that out
I wonder what the Crown lawyer in the Maki Herbert case asked for?
Again, like the case of the men who committed the home invasion at the van Gaalen's, next door to nothing in the media. Why is that?
It’s his job.
Now, what did he say about having to be consistent?
Yes we have the Court of Appeal, the Supreme Court, but is there any 'higher power' who is able to intervene in cases like this where, on the face of it, there has been a significantly disproportionate sentence?
This woman languishing in custody while the wheels slowly grind can only do serious harm.
I'm thinking of her children.
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and in the meantime....
one woman is convicted for growing 153 cannabis plants for supply and gets 12 months home detention....
....less than a month later another woman is convicted of possession of cannabis for supply and gets sentenced to two years in jail.
The Judge in the second case..
gave her credit for her previous good record and "extremely worthwhile contribution", but said he had to be consistent with sentences imposed for other, similar offences.
get that...." had to be consistent with sentences imposed for other similar offences."
Ummm.... -
Support for Kelly from the ALCP....
Legalise Cannabis Party member Maki Herbert was charged with cultivation for supply of 153 plants.
She was sentenced to 12 months home detention and 12 months post sentencing on July 4.
Herbert says the disparity in her and Van Gaalen's sentences is "absolutely disgusting".
"I just can't believe she got what she got," Herbert says.
"There's got to be a balance in the sentencing process.
You've got that right Maki.