Forum

 
  Back to OzPolitic.com   Welcome, Guest. Please Login or Register
  Forum Home Album HelpSearch Recent Rules LoginRegister  
 

Pages: 1 2 
Send Topic Print
Too privileged for jail? (Read 1544 times)
Raven
Gold Member
*****
Offline


Australian Politics

Posts: 2981
Around
Too privileged for jail?
Sep 23rd, 2014 at 5:24pm
 
Australia, the country where you can be 'too privileged' to go to jail

This is the story of two Australian men, both 27, drunk and in trouble with the law.

On 7 April, Liam Danial Sweeney attended a friend's birthday drinks at Crown Casino in Melbourne. According to the prosecution, Sweeney had been ignored when he attempted to shake another guest's hand, and stewed on this "insult" for a couple of hours. At midnight, under the influence of alcohol, he reportedly engaged in an "unprovoked and gratuitous" assault of the man, Richard Huiswaard. Sweeney smashed a wine glass into Huiswaard's face, and then punched him twice in the head. The defence argued that Huiswaard had made comments about Sweeney’s mother, implying he was gearing up to a fight.

Huiswaard was bleeding, but Sweeney did not stop to render assistance, nor to speak to police. Again according to prosecutors, he instead "fled the scene like a coward". Huiswaard was left needing stitches in his head and three weeks off work.

Compare Sweeney with the second 27-year-old Australian man – Mr Briscoe of Alice Springs. Briscoe was also drinking with friends but, unlike Liam Danial Sweeney, had not entered an "unprovoked and gratuitous assault", glassed someone, or permanently scarred their face when he encountered police on 5 January 2012. He had committed no crime whatsoever when the police chased him, wrestled him to the ground and took him into "protective custody" that evening. It was, in fact, Briscoe who complained of a bleeding headwound when he was locked in a cell.

What follows is a neat encapsulation of the two very different realities faced by the different segments of Australia's population.

Briscoe's pleas for treatment for his headwound were ignored by the police. Officers were listening to iPods while other prisoners heard the audible "choking and gasping" that Briscoe was making while he was confined behind bars. The police did not make cell checks as required, despite Briscoe's bleeding face and severely inebriated state; they surfed the internet instead. Two hours later, when an ambulance was finally called, Briscoe – the 27-year-old man innocent of any crime – was dead.

Sweeney, the 27-year-old who had committed a crime, did not die in police custody once apprehended for his assault. His crime made it to trial, and he pleaded guilty to "intentionally causing injury", which can carry a sentence of up to 10 years in prison.

But Sweeney will not serve a day. He received an 18-month suspended sentence and a $5,000 fine. The serving magistrate, Jack Vandersteen, explained in sentencing that he did not believe Sweeney "would last very long" in jail. "Not many people are in jail who went to Haileybury," continued Vandersteen, naming the prestigious private school that educated the kind of young man who glassed and scarred another as the result of a perceived slight.

Vandersteen's concern was that it may be "extremely devastating" for Sweeney's parents, one of whom is a barrister himself, to see Sweeney in court. There were concerns, too, about the impact of sentencing Sweeney due to the young man being a lawyer himself. Should he be jailed, he would not be able to practice law, after all.

The death of Briscoe was the subject of a court inquest into police responsibility for his death. Although it was identified that police had committed "errors and failures" that evening, the officers brought before the inquest were "formally disciplined" and not charged.

Briscoe's family were certainly "extremely devastated" after the finding, and shouted abuse at the police officers as they left court. "He was a young man, didn't even have a wife and kids, and policemen walk free," one family member said.
Back to top
 

Quoth the Raven "Nevermore"

Raven would rather ask questions that may never be answered, then accept answers which must never be questioned.
 
IP Logged
 
MumboJumbo
Gold Member
*****
Offline


Australian Politics

Posts: 1474
Gender: male
Re: Too privileged for jail?
Reply #1 - Sep 24th, 2014 at 11:41pm
 
Absolutely terrible. It just shows what a difference money makes. I'd bet my bottom dollar that Sweeney was a white bloke and Briscoe wasn't too. Reminds me of the Ian Ward case - another disgrace.
Back to top
 

See Profile For Update wrote on Jan 3rd, 2015 at 2:58pm:
Why the bugger did I get stuck on a planet chalked full of imbeciles?
 
IP Logged
 
Raven
Gold Member
*****
Offline


Australian Politics

Posts: 2981
Around
Re: Too privileged for jail?
Reply #2 - Sep 24th, 2014 at 11:53pm
 
Money makes the difference alright, look at the case in America when Ethan Couch made sensational news after a judge decided he suffered from "affluenza" and therefore was ill-suited to spend any time in prison.

Couch had killed four people in a car crash after he'd been drinking and speeding.
Back to top
 

Quoth the Raven "Nevermore"

Raven would rather ask questions that may never be answered, then accept answers which must never be questioned.
 
IP Logged
 
Mnemonic
Gold Member
*****
Offline


Australian Politics

Posts: 1530
Melbourne
Gender: male
Re: Too privileged for jail?
Reply #3 - Sep 25th, 2014 at 12:16am
 
Raven wrote on Sep 23rd, 2014 at 5:24pm:
........... naming the prestigious private school that educated the kind of young man who glassed and scarred another as the result of a perceived slight.


Wait a minute, haven't I heard a similar story before somewhere?

Raven wrote on Sep 23rd, 2014 at 5:24pm:
Vandersteen's concern was that it may be "extremely devastating" for Sweeney's parents, one of whom is a barrister himself, to see Sweeney in court. There were concerns, too, about the impact of sentencing Sweeney due to the young man being a lawyer himself. Should he be jailed, he would not be able to practice law, after all.


If someone can get a reduced or suspended sentence for paying a $5,000 fine, anyone less wealthy should be able to get a reduced or suspended sentence for zero dollars.

On the other hand, maybe they should just take the $5,000 fine and put him in jail immediately and regardless. Cheesy

Raven wrote on Sep 23rd, 2014 at 5:24pm:
Briscoe's family were certainly "extremely devastated" after the finding, and shouted abuse at the police officers as they left court. "He was a young man, didn't even have a wife and kids, and policemen walk free," one family member said.


They look after their own.
Back to top
 
 
IP Logged
 
Jasin
Gold Member
*****
Offline



Posts: 45566
Gender: male
Re: Too privileged for jail?
Reply #4 - Sep 27th, 2014 at 8:41am
 
Every Patent & Trade Mark Attorney will tell you via those BEC seminars that its the Deepest Pocket that Wins - not who is 'Right'.

Having listened to the 11 disc set of the Worlds most successful 'entrepeneurs/inventors' etc. This rings true in regards to action taken against plagerists, thieves, etc.
Mr Dyson (Vacuum cleaner) had to spend an absolute fortune against an American company who stole his idea in his early 'less wealthy' years, once he finally made some money via his success in the UK.

You have to buy the right to be right!


...this is where Australian 'Law' comes into it to 'balance' the Scales of Justice, but these days - Australian Law & Politics is just following the 'same old' system of the UK/USA which is based upon 'wealth' of materialism towards 'Power'. Australia has 'regressed back' from its original reason why the UK sent its 'poor' out to Australia...

Australia has become 'distracted' by the USA.
Civil War may soon develop in this country because of this...

Back to top
 

AIMLESS EXTENTION OF KNOWLEDGE HOWEVER, WHICH IS WHAT I THINK YOU REALLY MEAN BY THE TERM 'CURIOSITY', IS MERELY INEFFICIENCY. I AM DESIGNED TO AVOID INEFFICIENCY.
 
IP Logged
 
Annie Anthrax
Gold Member
*****
Offline


Take the plan, spin it
sideways

Posts: 7057
Gender: female
Re: Too privileged for jail?
Reply #5 - Sep 27th, 2014 at 8:58am
 
The cases mentioned in the article are apples and oranges.
Back to top
 

I can't do this, but I'm doing it anyway.
 
IP Logged
 
Bobby.
Gold Member
*****
Offline


Australian Politics

Posts: 94156
Melbourne
Gender: male
Re: Too privileged for jail?
Reply #6 - Sep 27th, 2014 at 9:49am
 
Annie Anthrax wrote on Sep 27th, 2014 at 8:58am:
The cases mentioned in the article are apples and oranges.



It's still beyond comprehension how some people never
do jail time for such serious crimes.
Back to top
 
 
IP Logged
 
Annie Anthrax
Gold Member
*****
Offline


Take the plan, spin it
sideways

Posts: 7057
Gender: female
Re: Too privileged for jail?
Reply #7 - Sep 27th, 2014 at 10:00am
 
Bobby. wrote on Sep 27th, 2014 at 9:49am:
Annie Anthrax wrote on Sep 27th, 2014 at 8:58am:
The cases mentioned in the article are apples and oranges.



It's still beyond comprehension how some people never
do jail time for such serious crimes.


Yes it is. The judges comments highlight the absurdity of the idea of a classless Australia.
Back to top
 

I can't do this, but I'm doing it anyway.
 
IP Logged
 
Sappho
Gold Member
*****
Offline


OzPolitic

Posts: 1406
Gender: female
Re: Too privileged for jail?
Reply #8 - Sep 27th, 2014 at 10:22am
 
Annie Anthrax wrote on Sep 27th, 2014 at 10:00am:
Bobby. wrote on Sep 27th, 2014 at 9:49am:
Annie Anthrax wrote on Sep 27th, 2014 at 8:58am:
The cases mentioned in the article are apples and oranges.



It's still beyond comprehension how some people never
do jail time for such serious crimes.


Yes it is. The judges comments highlight the absurdity of the idea of a classless Australia.


More than that... It's rather amazing that a general check of the health of the man to be locked up whilst he sobers up was not done prior to putting the man into lock up.

And I don't know about you, but if I was a NT tax payer, I would be deeply disappointed that the supervisor on charge of that shift thinks it's ok to let his team use ipods whilst on watch. That is amazingly irresponsible
Back to top
 

"Love is a cunning weaver of fantasies and fables."
 
IP Logged
 
Calanen
Gold Member
*****
Offline


Australian Politics

Posts: 2241
Re: Too privileged for jail?
Reply #9 - Sep 29th, 2014 at 6:33am
 
The son of leading Sydney silk John Agius SC, Felim Agius, attempted to rob a jewellery store with a fake pistol a replica, and pistol whipped the owner - who bravely fought him and managed to tackle him and hold him there til the cops come.

Quote:
Felim Agius, 19, a privileged student from Haymarket, son of John Agius, SC, has pleaded guilty to assaulting and robbing jeweller Sam Kritsotakis while armed.

Agius has admitted he walked into the Eskae store just after 5pm on April 15 and pointed the gun at Kritotakis's chest, holding the replica Beretta M92 9mm semi-automatic pistol, "no more than an inch from" Mr Kritsotakis's body.

He has also admitted to pistol-whipping Mr Kritsotakis' across the head, although charges of assault occasioning actual bodily harm, assault, possessing an unauthorised firearm and entering a building with a firearm were withdrawn.


http://www.dailytelegraph.com.au/news/nsw/silk-john-agius8217-son-admits-to-pist...

The prosecution said that he was found with a fake pistol (although the jewellery store owner would not have known that, that it was fake) pepper spray and 3 cable ties. So was he going to tie up the people in the store?

In any event - the Sydney Morning Herald is running with a story, which you cannot see as SMH is subscription now, saying that Felim Agius is receiving only a suspended sentence. That means he does not go to gaol. (hate the old english spelling, jail).

You get 30 free articles a month so maybe you can look if you haven't used up that number.

http://www.smh.com.au/nsw/son-of-top-silk-john-agius-sentenced-for-armed-robbery...

The defence submission for leniency was based on the defendant being mentally ill, and the judge expressly disavowed the identity of his parents as having anything to do with the sentence:

Quote:
He said Felim's sentence was not influenced by his parents' occupation as lawyers but because of his mental illness.

"No one gets a free kick because their parents are from a particular racial, professional or linguistic group," he said.


Read more: http://www.smh.com.au/nsw/son-of-top-silk-john-agius-sentenced-for-armed-robbery-20140928-10mmc3.html#ixzz3Ee38jrAk
Back to top
« Last Edit: Sep 29th, 2014 at 6:40am by Calanen »  

Quote:
ISLAM is a vicious [un-reformable] political tyranny, which has always murdered its critics, and it continues that practice even today.
Yadda
 
IP Logged
 
Adamant
Gold Member
*****
Offline


Australian Politics

Posts: 1892
Brisbane
Re: Too privileged for jail?
Reply #10 - Oct 5th, 2014 at 12:21pm
 
Calanen wrote on Sep 29th, 2014 at 6:33am:
You get 30 free articles a month so maybe you can look if you haven't used up that number.


You should try using a Proxy Server such as http://ciproxy.de/ simply copy paste and hit go. Tested it on the Sunday Mail, works ok.
Back to top
 

In real life Gandalf is known as Mr 10%
 
IP Logged
 
Sprintcyclist
Gold Member
*****
Offline


OzPolitic

Posts: 39432
Gender: male
Re: Too privileged for jail?
Reply #11 - Oct 5th, 2014 at 1:10pm
 

Under the law all people are equal.

Some are 'more equal' than others, that is all.
If you don't like that, you are probably one of the 'less equal' ones.
Back to top
 

Modern Classic Right Wing
 
IP Logged
 
Brian Ross
Gold Member
*****
Offline


Representative of me

Posts: 39384
Re: Too privileged for jail?
Reply #12 - Oct 6th, 2014 at 12:36am
 
Adamant wrote on Oct 5th, 2014 at 12:21pm:
Calanen wrote on Sep 29th, 2014 at 6:33am:
You get 30 free articles a month so maybe you can look if you haven't used up that number.


You should try using a Proxy Server such as http://ciproxy.de/ simply copy paste and hit go. Tested it on the Sunday Mail, works ok.


Is that how you manage your sock puppets?   Grin
Back to top
 

Someone said we could not judge a person's Aboriginality on their skin colour.  Why isn't that applied in the matter of Pascoe?  Tsk, tsk, tsk...   Roll Eyes Roll Eyes
WWW  
IP Logged
 
Adamant
Gold Member
*****
Offline


Australian Politics

Posts: 1892
Brisbane
Re: Too privileged for jail?
Reply #13 - Oct 6th, 2014 at 3:47pm
 
Brian Ross wrote on Oct 6th, 2014 at 12:36am:
Is that how you manage your sock puppets?


No Brian.

Sock puppets?

I am however aware of an assault on my IP address from within this forum. Did you do it!?

What should "I" do about IT.

Take this site down or yours?

Or just accept it.

I think the latter as it was such a childish attempt after all. Roll Eyes Roll Eyes Roll Eyes Roll Eyes Roll Eyes Roll Eyes Grin Grin Grin Grin Grin Grin Grin Roll Eyes Roll Eyes Roll Eyes Roll Eyes Roll Eyes Roll Eyes Roll Eyes
Back to top
 

In real life Gandalf is known as Mr 10%
 
IP Logged
 
Adamant
Gold Member
*****
Offline


Australian Politics

Posts: 1892
Brisbane
Re: Too privileged for jail?
Reply #14 - Oct 7th, 2014 at 8:53pm
 
Here is another take on the "too privileged".

A devout muslim cleric calls upon allah to kill all the Hindu's and buddist's.

http://www.youtube.com/watch?v=g0FcYCqo41Y

What happened to the racist person calling for the death of about 1 billion people?

What happened when he is named as a terrorist sponsor?

http://www.voltairenet.org/article184447.html

Look at number 62 on the list.

If a preacher of some other faith had called upon his god to kill all the muslims would he go to jail or be deported?


Not this backward pile of pig excreta!

Police found he had no case to answer.

http://www.adelaidenow.com.au/news/south-australia/adelaidebased-shiekh-sharif-h...

Links to the above are down at the mo.
Back to top
 

In real life Gandalf is known as Mr 10%
 
IP Logged
 
Pages: 1 2 
Send Topic Print