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  #41  
Old 12-10-2007, 06:18 PM
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clearly youre not understanding that no matter how you spin it, there is NO GOOD REASON for this outcome.
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  #42  
Old 12-10-2007, 07:15 PM
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Queensland Courts -* Judge S.Bradley

Contact info for Sarah Bradley.
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  #43  
Old 12-10-2007, 08:11 PM
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Quote:
Originally Posted by dirtyplotte View Post
clearly youre not understanding that no matter how you spin it, there is NO GOOD REASON for this outcome.
i am not refusing or not understanding your point, at all.

you however are refusing to even acknowledge that there are circumstances you arent privy to which may go a fair way to explaining why that course of action was taken. HAVING REGARD TO THAT DOES NOT MEAN YOU HAVE TO AGREE WITH IT. instead, you are getting all hyped about what the media reports. of course the fucking media wants you to get all up in arms about it. they want you to keep reading their dumb reports. HELLO

my points could be argued for someone who was given a suspended sentence for a charge like death by dangerous driving, intent to cause harm or whatever the technical term is, unlawful sexual intercourse, etcetera.
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  #44  
Old 12-10-2007, 08:17 PM
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intent to cause harm and harm are two different things. ew to the comparison. better to use murder there, but then that sentence would look funny wouldnt it?

a ten year old was raped. do we agree on this point?

in what circumstance is it not that big of a deal that a ten year old was raped? in what circumstance is it warranted action to rule with a suspended sentence for rape of a ten year old girl? there are no circumstnaces. this siwhat youa re not getting. you are trying to convince me that there might be mitigating circumstances surrounding the case or the presentation of the case that would excuse the judges ruling AND her statements when she made the ruling. there arent.

youre personal views are irrelevant as are mine . what is relevant is trying to explain what could POSSIBLY be a mitigating circumstance that might explain away this shittyruling and even shittier statements by the judge.
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  #45  
Old 12-10-2007, 09:53 PM
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Originally Posted by dirtyplotte View Post
intent to cause harm and harm are two different things. ew to the comparison. better to use murder there, but then that sentence would look funny wouldnt it?
why is it 'ew to the comparison'? i included unlawful sexual intercourse in my post. i dont think its comparable to murder.

Quote:
Originally Posted by dirty plotte
a ten year old was raped. do we agree on this point?
i'll agree that she was raped on the basis that they pleaded and were sentenced. i won't agree to any speculation on the particulars of the rape(s) and who was said to have done what, etcetera. i note the judge refused to name a "ringleader".

Quote:
Originally Posted by dirty plotte
in what circumstance is it not that big of a deal that a ten year old was raped? in what circumstance is it warranted action to rule with a suspended sentence for rape of a ten year old girl?
why dont you go and do a law degree and learn the australian sentencing legislation. then hear the submissions from both parties and then maybe you'll be in a position to provide an answer to that question.

Quote:
Originally Posted by dirty plotte
there are no circumstnaces. this siwhat youa re not getting.
i get that you think there aren't any circumstances. but what you seem to be refusing to acknowledge is that there are several factors that a judge has to take into account when sentencing someone for ANY crime, not just rape.

Quote:
Originally Posted by dirty plotte
you are trying to convince me that there might be mitigating circumstances surrounding the case or the presentation of the case that would excuse the judges ruling AND her statements when she made the ruling. there arent.
i was presenting some possiblities for the outcome. i make no comment on the judge's sentencing remark/s. i haven't read them. i think its unfair to take a select segment from sentencing remarks and splash it about as though she thought the rape of a 10 year old girl was just another robbery charge. or whatever.

explain to me why you think the DPP didn't seek custodial sentences for the accused.

in order for the judge not to record convictions on the youths records there have to be special circumstances. she's got to actually find special circumstances. she's got to actually make reference to those special circumstnaces in the remarks. ditto for suspended sentences

i never used the word "excused". i only sought to provide some possiblities to shed light on how that remark and outcome came to be.

Quote:
Originally Posted by dirty plotte
youre personal views are irrelevant as are mine . what is relevant is trying to explain what could POSSIBLY be a mitigating circumstance that might explain away this shittyruling and even shittier statements by the judge.
you're getting all freaked about one sentence from sentencing remarks you haven't even read. you dont even know the circumstances of the case. all you know (and its based on the media report and segregated quotes prsented by the media) is that 9 men pleaded guilty to the rape of a 10 year old girl. you know that some of them were children (in the eyes of the law) at the time. you know the children did not have convictions recorded aginst them. you know the adults, or at lesat some of t hem, were given a suspended sentence.

you dont know -

1. how long they spent in custody awaiting sentence, if any
2. whether there was plea bargaining by the DPP & defence prior to sentencing
3. whether there were agreed facts provided to the judge that she was obliged to have regard to during sentencing
4. why the DPP didn't seek custodial sentences for the accused
5. why the DPP haven't appealed the sentence

those 5 points are highly relevant.
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  #46  
Old 12-10-2007, 10:54 PM
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Prosecution also blamed gang-rape victim | Herald Sun

the comments made by the prosecutor make me feel sick. they do shed a little more light on why the judge said what she said. i will not be surprised if and when the court of criminal appeal overturn her sentences.
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  #47  
Old 12-11-2007, 12:50 AM
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i may be wrong.

Outrage over rape sentences | The Courier-Mail

that judge appears to have a bit of a history with sentencing and the criminal court of appeal.

this judge, according to that article, is notorious for unsatisfactory and sometimes downright inadequate sentences and completely wrong judgments (wrong according to the court of appeal).

i find the DPP's submissions bizarre. bizarre for the DPP, i mean.

edit again to add: apparently QLD doesn't have a provision in their criminal legislatoin for unlawful sexual intercourse. i was confused about why it would have been charged and pursued as 'rape' in the first place if the DPP were putting forth submissions as reported. sth austrailan law is a bit different.
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  #48  
Old 12-11-2007, 08:31 AM
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it made the uk's tv news just now

there was something reported about the victim being fostered before, but to a non-aborigine family, then returned because of echoes of the stolen generation

also, according to the australian, "The offenders came from some of the most powerful and prominent Aboriginal families in Cape York, while the victim's family had a lower status."

this story has everything
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  #49  
Old 12-11-2007, 08:55 AM
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oh just gross. GROSS.
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  #50  
Old 12-11-2007, 10:05 AM
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BBC NEWS | World | Asia-Pacific | Appeal over Aborigine rape ruling

Quote:
Queensland Attorney General Kerry Shine labelled the ruling unacceptable and "manifestly inadequate".

"Any child under the age of 12 cannot legally give consent to sexual intercourse, so the relevance of the judge's remark mystifies me," he said.
thank fuck someone in authority realises this

the whole issue of 'consent' is not relevent, so she shouldve kept her mouth shut in regards to it

there are some pithy qoutes on the bbc website
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  #51  
Old 12-11-2007, 02:49 PM
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the girl had developmental disabilities from fetal alcohol syndrome

i was interested in something, i didn't catch who said it, about how there's a lower expectation of rights and responsibilities, a kind of infanticising, of aborigines, by government agencies
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  #52  
Old 12-11-2007, 03:53 PM
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Unleashed: The worst of good intentions?

that guy seems to think that judge bradley has the view that it is best to keep aboriginals out of custody. her intentions of keeping aboriginals out of custody has had a horrifically wrong outcome. people are calling her a racist for not protecting the girl.

kesh i dont think that's really right - your last paragraph. this one judge, she might have that view, but certainly it is not a standard in australia.
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  #53  
Old 12-11-2007, 04:13 PM
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it was in an editorial in the australian, which has been picked up elsewhere. so if murdoch says it obviously it must be true

"The picture emerging from the gang rape is of a bureaucratic culture that accepts a lesser standard of rights and responsibilities for indigenous people on Cape York,"

Standard of justice | The Australian

but the australian institute of criminology has an interesting paper that has a section on a similar idea

http://www.aic.gov.au/publications/p...s/20/lloyd.pdf

i know, i know, i have nothing better to do all day than read about sex crimes on the other side of the world
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  #54  
Old 12-11-2007, 04:34 PM
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sorry, i thought you meant across australia. i make no comment on that situation in cape york. its sort of a unique environment. i went there once. when i was 10.
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  #55  
Old 12-11-2007, 04:41 PM
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sorry, i thought you meant across australia. i make no comment on that situation in cape york. its sort of a unique environment. i went there once. when i was 10.
i think i did, erroneously. the comment was reported as a general one by uk tv news. you know i still believe you live on an island in the torres straits
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  #56  
Old 12-11-2007, 04:52 PM
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i think i did, erroneously. the comment was reported as a general one by uk tv news. you know i still believe you live on an island in the torres straits
a remote village. i live in a palm tree frond house.

you know in south australia we have established a nunga court. it works in conjunction with the magistrates court. aboriginal elders serve as the judicial officers. they arent, however, allowed to spear people for punishment.
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  #57  
Old 12-11-2007, 05:02 PM
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i dont believe in the instituation known as 'the court' WHAT SO FUCKING EVER

this is beyond terrible, WHY IS THE WORLD SO IGNORANT?
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  #58  
Old 12-11-2007, 05:14 PM
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I didn't realise this Judge was a woman until this morning when her picture was in the Courier Mail. I want to vomit, I think.

WHAT A BITCH!
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  #59  
Old 12-11-2007, 05:22 PM