Fisherman jailed for people smuggling

Madnatory sentencing laws criticised by Judge. I agree with his view.

http://www.abc.net.au/news/2012-01-11/fisherman-jailed-for-people-smuggling/3768168

 

The "idea" of poverty being an excuse for commiting crimes, is one of the dumbest in human history. This assumes that all poor people have an open pass to commit crime, therefore it follows that all poor people would be criminals, which is obviously not the case.

The ALP spin of "outrage and righteous indignation" over labeling people smugglers as criminals, is a shallow attempt to divert focus on their own incompetence. People smugglers are hailed as heros in Indonesia, not criminals, they don`t respect Australia, or our laws, so according to their own culture, they aren`t doing anything wrong. Life in Indonesia is brutal, they don`t see things as we do in Australia.

It`s the responsibility of the Australian Federal Government to stop this mess, don`t expect people who hate us to do our work for us, to them we are worthless infidels.

 

Good to see one of these scumbags locked up...more of it I say. What they do is ILLEGAL and they know it. I feel a harsher jail term would be called for though.

 

People smuggling, a most hideous crime.

 

Mandatory sentencing laws, for any crime, are a joke.

 

true...they are FAR too lenient.

 

No, mandatory sentencing laws (for any crime) are unjust.

Moreover, many judges disagree with the sentences they are forced to impose.

 

This is a bit old, but still worth a read:

http://www.lawcouncil.asn.au/shadomx/apps/fms/fmsdownload.cfm?file_uuid=91B75434-1E4F-17FA-D2BA-B6D5A60592A7&siteName=lca

 

Was he smuggling people who did not want to be smuggled, or were they immigrants seeking ways to get across a border? If it's the latter, I don't see the crime except in putting the man into a cage for his disobedience.

 

Excellent idea. There should be more of it. Poverty is no excuse for crime.

I'm sick and tired of carrying all these 'illegals' pushing aside all those ahead of them and barging their way into Australia, after which they demand endless welfare, at our expense.

 

Judges are appointed to carry out the law not to make it. If they don't like, they can always resign and see if the electorate agrees with them by trying to obtain a seat in Parliament.

 

They're not "illegals".

Asylum seekers are perfectly legal.

We've been over this.

 

Here, read this:

http://www.lawcouncil.asn.au/shadomx/apps/fms/fmsdownload.cfm?file_uuid=91B75434-1E4F-17FA-D2BA-B6D5A60592A7&siteName=lca

 

How many people standing in front of a magistrate did not deliberately and knowingly commit the crime?
The only problem with mandatory sentencing is that it does not go far enough and it does not include the cane for young and petty offenders.

 

It is not people smuggling if the people consent to get on that boat. The man is just trying to make a living.

 

Not sure, how many?

No.

Problems include:

• they impose unacceptable restrictions on judicial
  discretion;
  
• are ill-conceived as a means of addressing the crime rate;
  
• tend to target Indigenous persons;
  
• have resulted in unjust sentences;
  
• contravene Australia's international obligations under at
  least two treaties;
  
• lead to prison overcrowding.
  

http://www.legalmatch.com/law-library/article/problems-with-mandatory-minimum-sentencing.html

http://www.lawcouncil.asn.au/shadomx/apps/fms/fmsdownload.cfm?file_uuid=91B75434-1E4F-17FA-D2BA-B6D5A60592A7&siteName=lca

There's nothing good to be said about mandatory sentencing.

With mandatory sentencing "a judge does not have the authority to tailor the sentence to the specific facts." This is unacceptable.

 

There's no place for corporal (or capital) punishment in a civilised society.

Those barbaric and inhumane practices are not acceptable in the 21st Century.

 

well said bud.

 

Drug dealers are in the same boat. It`s just an image problem.

 

The vast majority

I would say that one of the reasons for imposing mandatory sentencing is that judicial discretion has resulted in too much unacceptably light sentencing. There is a lot of community anger over, especially repeat offenders, just getting a slap on the wrist.

I disagree. They don't go far enough

Wrong. Mandatory sentencing targets people who commit crime. There is absolutely no racial aspect to mandatory sentencing whatsoever.

I suppose it is possible, in very rare circumstances. But too bad, we don't live in a perfect world. Please give us a couple of examples.

Too bad, I don't care. We have a sovereign right to make our own laws.

I don't care. If you are not prepared to do the time, don't commit the crime.

 

LOL

Most people don't agree with the sentences judges impose.

 

Someone had to be the scapegoat.

Lets see your a fisherman in poverty and some people come over and say to you take us to oz on your boat and we'll pay you for it.

I recon i would, as most of us probably.

 

I look forward to seeing some of your supporting evidence.


"Mandatory sentencing laws target particular property offences that are
generally committed by people of lower socio-economic backgrounds. They
are discriminatory in effect against Indigenous people in particular."

http://www.hreoc.gov.au/pdf/social_justice/submissions_un_hr_committee/5_mandatory_sentencing.pdf

"The coexistence of mandatory sentencing laws and juvenile diversion programs runs the risk of ‘bifurcating’ juvenile justice, with first time offenders being diverted and repeat offenders, who are largely Indigenous, being perceived by the courts as ‘hard core’ juvenile offenders."

http://www.hreoc.gov.au/social_justice/madrid/issue2.html

"The laws tend to target Indigenous persons"

http://www.lawcouncil.asn.au/shadomx/apps/fms/fmsdownload.cfm?file_uuid=91B75434-1E4F-17FA-D2BA-B6D5A60592A7&siteName=lca

"Mandatory sentencing targets indigenous people and the poor"

http://www.greenleft.org.au/node/16935

"In 2000 the UN's Committee Against Torture called the mandatory sentencing laws in Australia racist.

"According to journalist John Pilger, mandatory sentencing laws have given Aboriginal people an imprisonment rate at least as high as that of apartheid South Africa, and have been a primary cause of one of the highest suicide rates in the world, among young Aborigines"

Read more: http://www.creativespirits.info/aboriginalculture/law/mandatory-sentencing.html#ixzz1jIrsY0AL

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I do. Prison staff and tax payers deserve better.

"Overcrowding and privatisation of West Australian jails is costing taxpayers money and endangering prison staff, according to unions.

"... the government's ''tough on crime'' approach had also led to serious overcrowding which was endangering staff.

"The number of serious incidents reported in WA jails had gone up over the past 12 months as a ''direct consequence of the overcrowding that has taken place over the past two years''. "

Read more: http://www.watoday.com.au/wa-news/u...ate-prisons-20111129-1o4xl.html#ixzz1jIuD3iDy


"Productivity Commission report reveals chronic overcrowding in our jails"

"Despite the fact that just about every skerrick of empirical data available in this country, and other jurisdictions such as the US, Canada and the UK shows that jailing people is generally inefficient and therefore a waste of taxpayers’ money compared to non-custodial alternatives, our politicians just aren’t taking any notice."

http://www.crikey.com.au/2010/01/29/productivity-commission-report-reveals-chronic-overcrowding-in-our-jails/

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My first post so I guess thanks for having me. If this bloke has broken Australian law shouldn't he face the Australian legal process? And so what if he spends a couple of years doing nothing productive in what amounts to a publicly funded holiday camp where you are served three square meals a day [ of course taken from a menu based on your specialised dietary or religious requirements] and have ready access to all manner of medical/dental/optical treatment? If things are so tough where he comes from it may just be the best couple of years of his life.