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12-10-2007, 06:18 PM
|  | give me the sickest one. | | Join Date: Apr 2006 Location: fox in the snow
Posts: 7,940
| | | clearly youre not understanding that no matter how you spin it, there is NO GOOD REASON for this outcome.
__________________ the cave mouth shines
by pure force of will
i look down on the world
from the top of this lonesome hill
and you can run, and run some more
from here all the way to singapore
but i will carry you home in my teeth
-mountain goats | 
12-10-2007, 07:15 PM
|  | Registered Member | | Join Date: Apr 2006
Posts: 629
| | | | 
12-10-2007, 08:11 PM
| | N/A | | Join Date: Apr 2006
Posts: 7,320
| | Quote:
Originally Posted by dirtyplotte 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.
__________________ N/A | 
12-10-2007, 08:17 PM
|  | give me the sickest one. | | Join Date: Apr 2006 Location: fox in the snow
Posts: 7,940
| | | 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.
__________________ the cave mouth shines
by pure force of will
i look down on the world
from the top of this lonesome hill
and you can run, and run some more
from here all the way to singapore
but i will carry you home in my teeth
-mountain goats | 
12-10-2007, 09:53 PM
| | N/A | | Join Date: Apr 2006
Posts: 7,320
| | Quote:
Originally Posted by dirtyplotte 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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12-10-2007, 10:54 PM
| | N/A | | Join Date: Apr 2006
Posts: 7,320
| | 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.
__________________ N/A | 
12-11-2007, 12:50 AM
| | N/A | | Join Date: Apr 2006
Posts: 7,320
| | | 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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Last edited by cantankerous : 12-11-2007 at 01:15 AM.
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12-11-2007, 08:31 AM
|  | for beauty douglas | | Join Date: Apr 2006 Location: i am the cheese
Posts: 9,901
| | | 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
__________________ she's a haunted house and her windows are broken | 
12-11-2007, 08:55 AM
|  | give me the sickest one. | | Join Date: Apr 2006 Location: fox in the snow
Posts: 7,940
| | | oh just gross. GROSS.
__________________ the cave mouth shines
by pure force of will
i look down on the world
from the top of this lonesome hill
and you can run, and run some more
from here all the way to singapore
but i will carry you home in my teeth
-mountain goats | 
12-11-2007, 10:05 AM
|  | ya basta | | Join Date: Apr 2007 Location: shallow grave
Posts: 1,719
| | 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
__________________ It's a new year, I'm glad to be here. It's a fresh spring, so lets sing.
In 2080 I'll surely be dead. So don't look ahead, never look ahead.
Last edited by never was : 12-11-2007 at 10:14 AM.
| 
12-11-2007, 02:49 PM
|  | for beauty douglas | | Join Date: Apr 2006 Location: i am the cheese
Posts: 9,901
| | | 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
__________________ she's a haunted house and her windows are broken | 
12-11-2007, 03:53 PM
| | N/A | | Join Date: Apr 2006
Posts: 7,320
| | 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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12-11-2007, 04:13 PM
|  | for beauty douglas | | Join Date: Apr 2006 Location: i am the cheese
Posts: 9,901
| | 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
__________________ she's a haunted house and her windows are broken | 
12-11-2007, 04:34 PM
| | N/A | | Join Date: Apr 2006
Posts: 7,320
| | | 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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12-11-2007, 04:41 PM
|  | for beauty douglas | | Join Date: Apr 2006 Location: i am the cheese
Posts: 9,901
| | Quote:
Originally Posted by cantankerous 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
__________________ she's a haunted house and her windows are broken | 
12-11-2007, 04:52 PM
| | N/A | | Join Date: Apr 2006
Posts: 7,320
| | Quote:
Originally Posted by kesh 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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12-11-2007, 05:02 PM
|  | The Queen Of All Ive Seen | | Join Date: Apr 2006 Location: Warsaw, Poland
Posts: 1,034
| | | i dont believe in the instituation known as 'the court' WHAT SO FUCKING EVER
this is beyond terrible, WHY IS THE WORLD SO IGNORANT? | 
12-11-2007, 05:14 PM
|  | Rhapsody | | Join Date: Apr 2006 Location: 100 Club
Posts: 5,434
| | | 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! | 
12-11-2007, 05:22 PM
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