I need some clarification on the private militia issue. I am unclear as to the intent aspect. Judge Hansen says that they had good intentions in his sentencing notes but says they commited criminal acts in furthering these intentions - as I recall, although I haven't time to check. If he is refering to 'serious violent offences' as the criminal acts, how is a militia different from an organised criminal group? And if the criminal acts are the arms act offences, then is it these convictions which make the militia illegal? I'm trying to figure out whether they were sentenced on the charge they were not found guilty on (rather than found not guilty) or if intention, in relation to the arms charges, comes under another part of the law. Is it in the Arms Act? I haven't been able to find it.

I hope my questions make sense. I'm trying to do about 15 things at the same time.

Thanks!

I have a couple of questions:

Firstly, what is the purpose of pre-sentencing reports carried out by Probations? What amount of consideration does the court give them? It is my understanding that in this case the pre-sentencing reports recommended community service for most accused and dismissal or discharge for Emily Bailey. Is it usual for a sentence to be so far from what was recommended and does it matter (on a legal, not ethical, basis)?

Secondly, I second Rich's question above. Is it illegal to establish a private militia?