Tuesday, February 23, 2010

How Does This Work?

This made the news yesterday, I've been trying to figure out how to comment on it ever since. I realise that we don't get all the facts from a news report - I'm hoping that there are other facts not presented, because on the face of it, this sucks!

Have a read and then let me know what you think:

A VIOLENT man convicted of a series of horrific assaults on a 15-year-old girl he held prisoner has been freed from jail because he is an Aborigine.

The Herald Sun reports the Court of Appeal ruled that participating in a Koori Court, where offenders discuss their crimes with a judge and Aboriginal elders in a room that has been traditionally "smoked", can lead to a lighter sentence.

Court president Justice Chris Maxwell and Justice Peter Buchanan said the 18-month minimum term imposed on Steelie Morgan, 26, was manifestly excessive because he took part in a "sentencing conversation" about his crimes.

"His active participation in the process was a factor that mitigated punishment," the court said.

"The sentencing conversation is designed to further the reformation of an Aboriginal offender through a unique blending of Aboriginal customary law and the English common law."

Morgan has served seven months of the term but the appeal judges said the rest of the sentence should be wholly suspended.

During a 10-week reign of terror Morgan, of Moama, subjected the girl, who was his under-age sexual partner, to a series of attacks, where she was bashed, stabbed, humiliated and held captive.

He threatened to kill her, smashed a full plastic water bottle over her head, threw a knife at her, which struck her on the neck, and bit her nose.

Morgan made a weapon of a water hose and repeatedly struck her on the legs, threw a heavy tool, cutting her head, and forced her to stay in a bedroom for nearly a month.

Morgan pleaded guilty at La Trobe Koori Court to eight counts of causing injury intentionally, two of assault, one of making a threat to kill and one of false imprisonment.

The offences occurred between December 2007 and March 2008 and each count of intentionally causing injury carries a 10-year maximum term.

After he was caught Morgan "sought reconciliation with his indigenous heritage", the court said.

Justices Maxwell and Buchanan said Morgan was shamed by admitting his crimes before Aboriginal elders.


**************************************************************************************

Facts as presented:

A man is sentenced for a minimum of 18 months for "a 10-week reign of terror Morgan, of Moama, subjected the girl, who was his under-age sexual partner, to a series of attacks, where she was bashed, stabbed, humiliated and held captive. He threatened to kill her, smashed a full plastic water bottle over her head, threw a knife at her, which struck her on the neck, and bit her nose. Morgan made a weapon of a water hose and repeatedly struck her on the legs, threw a heavy tool, cutting her head, and forced her to stay in a bedroom for nearly a month."

The girl was 15 - and there was obviously a sexual relationship, as she is described as his "sexual partner".

He's not charged with any sexual offences what-so-ever.

THEN if this isn't ludicrous enough, these two judges decide that the seven months he has served is ENOUGH and the remainder "should be wholly suspended" because he took part in a discussion with Aboriginal Elders.

When things like this happen you can really understand why there's racism in Australia and many people feel that Aboriginals get an easier "ride" than other Australians.

7 comments:

Crucis said...

You need a new government with adults in charge rather than the spoiled children currently in power. Of course, they realize that. That's why you've been disarmed.

Sevesteen said...

I know next to nothing about aboriginal issues, but the 18 month term seems absurdly low for rape, assault and false imprisonment--let me rephrase that--absurdly low for rape, that many assaults OR false imprisonment of that duration. His sentence should be measured in decades, regardless of who he converses with.

TOTWTYTR said...

I have to wonder what these two "judges" were smoking when they made this decision.

Of course in Massachusetts judges have made similarly absurd sentencing decisions without throwing in the Aborigine mumbo jumbo.

All of which argues in favor of elected judges.

Old NFO said...

You have the same problem we have... the race card got played and he got off, that is the bottom line... sigh...

Morris said...

It's the same kind of pandering to minorities that we see elsewhere.

People know this kind of thing is NOT just, so of course they do get resentful.

Wander in the Wild said...

People amaze me. Here we have a guy that is having sex with a child, raping her even, assault and confinement of the child. One sick individual. Then we have judges that decide that he was really "ashamed" of his deeds. This particular story is in Australia but it could be anywhere in the world. Of course the guy is going to use his race and whatever else he can use to get free from these charges--that is what criminals do. They use any means at their disposal to gain their freedom. The sad thing is that we have an over abundance of people in this world that want to see the "good" in people. What should happen is he should be taken out and tied to a stump and the victim should be allowed to throw the first of many knives at the stump. Then when he is looking like a pin cushion all of US that got a chance to throw the knives could just justify it by saying we were trying to hit the stump. Then, if he was lucky enough to live through that--we could hand down a REAL sentence.
Kinda barbaric, I agree, but when the barbarians are able to get away with what they have done to someone--especially a child, then giving the barbarian a taste of what he has done may be called for.

warlockcastle said...

I am in the USA so do not know Australian law. But seems like that guy should never see the light of day. I guess corruption has a place everywhere!