News Serious assault following last night’s game (2018 final)

[Sentinel]

The high end public schools also use the trick of “moving on” the lumps at the end of year 10, though I’m sure the tactics are a lot more prevalent in the elite private schools.

In saying that, if your kid is academically inept, there’s more incentive to move them out of those schools before year 12 if they have no aspirations or need to get a decent ATAR, so the parents can save on forking out the massive $$$ in fees.

The school I went to tried to do that to a mate of mine, only rather than ask him to leave they suggested he do a 'non-ATAR VCE', which meant he'd stick around and still pay them fees but not get an ATAR score when he finished (apparently it would 'take the pressure off him').

After having handed over all of that money over the years right up until year 12, he and his parents promptly told them to get ****ed, completed his year 12 like everyone else and happily dragged the school's average down with him

 

[Present Not Past]

There isn't a single true public school in the top 30 VCE perfomers from 2018. The 28/30 were private, including #1.

The 2 "public schools" are MacRobertsons Girls and Melbourne High which are both selective and ranked at #2 & #5.


My point is, Xavier ranked at #73 in 2018, below quite a few public schools. St Kevins as a direct rival, ranks a shitload better academically.

#1 had an average ATAR above 94 and a 100% pass rate, so I imagine if you asked their parents, they'd probably say it's worth it.

8 of the top 10 (all of the top 5) performing High Schools in NSW were government schools.
If a family in NSW values education above anything else they will do all they can to try to get their child into a government school.
At my son's school for example there are some children who will travel 60 mins plus each way to attend.

 

[Pykie]

8 of the top 10 (all of the top 5) performing High Schools in NSW were government schools.
If a family in NSW values education above anything else they will do all they can to try to get their child into a government school.
At my son's school for example there are some children who will travel 60 mins plus each way to attend.

They are government selective.

The same as Melbourne High and Mac Robertson Girls School.

 

[blue harvest]

I hope these three shits do time but sadly I doubt it will happen

I think beanie boy will, that guy he sat on top of on the ground could easily have died and the evidence is damning.
The other 2 will walk.

 

[Marc_Remillard]

You are more likely to do time for that assault than these ******* campaigners.

There are no consequences when you're rich and connected

The only change i'd make to your statement is that there are no consequences when you have family members who work in the system. ther are plenty of rich idiots in jail who don't have the right connections

 

[blue harvest]

Next appearance on 12 Feb at 2pm according to that court search website.
https://dailylists.magistratesvic.com.au/EFAS/CaseSearch

They were probably hoping everyone had forgotten about it yesterday, good to see the media on top of it all and complaining when they switched court rooms.

 

[Bombfire]

New charges of conduct endangering life.

Looks like the stakes have been raised since the initial charges.

Can any legal types out there give a run down of penalties for these charges. ( assuming they are found guilty).

You can start with;

Victorian Current Acts
CRIMES ACT 1958 - SECT 22
Conduct endangering life
A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of death is guilty of an indictable offence.
Penalty: Level 5 imprisonment (10 years maximum).

S. 23 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1)
(Sch. 2 item 14), 48/1997
s. 60(1)(Sch. 1 item 16).

 

[Bombfire]

Throw this in;

Victorian Current Acts
CRIMES ACT 1958 - SECT 23
Conduct endangering persons
A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of serious injury is guilty of an indictable offence.

Penalty: Level 6 imprisonment (5 years maximum).

S. 24 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1)
(Sch. 2 item 12), 48/1997
s. 60(1)(Sch. 1 item 16), 7/2008 s. 4.

 

[Bombfire]

This is the coveted one;

Victorian Current Acts
CRIMES ACT 1958 - SECT 15A
Causing serious injury intentionally in circumstances of gross violence

(1) A person must not, without lawful excuse, intentionally cause serious injury to another person in circumstances of gross violence.

Penalty: Level 3 imprisonment (20 years maximum).

Note to s. 15A(1) inserted by No. 65/2016 s. 20(6).

Note

An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

(2) For the purposes of subsection (1), any one of the following constitutes circumstances of gross violence—

(a) the offender planned in advance to engage in conduct and at the time of planning—

(i) the offender intended that the conduct would cause a serious injury; or

(ii) the offender was reckless as to whether the conduct would cause a serious injury; or

(iii) a reasonable person would have foreseen that the conduct would be likely to result in a serious injury;

(b) the offender in company with 2 or more other persons caused the serious injury;

S. 15A(2)(c) substituted by No. 63/2014 s. 7(3).

(c) the offender entered into an agreement, arrangement or understanding with 2 or more other persons to cause a serious injury;

Note

See Subdivision (1) (Complicity in commission of offences) of Division 1 of Part II.

(d) the offender planned in advance to have with him or her and to use an offensive weapon, firearm or imitation firearm and in fact used the offensive weapon, firearm or imitation firearm to cause the serious injury;

(e) the offender continued to cause injury to the other person after the other person was incapacitated;

(f) the offender caused the serious injury to the other person while the other person was incapacitated.

Notes to s. 15A amended by Nos 69/2014 s. 8(1)(2), 28/2016 s. 6(1), 65/2016 s. 20(7).

Notes

1 See section 422(1) for an alternative verdict.

2 Section 10 of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 15A and that a non-parole period of not less than 4 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists. If, however, a victim is an emergency worker on duty or a custodial officer on duty, section 10AA(1) of the Sentencing Act 1991 requires that a non-parole period of not less than 5 years be fixed unless the court finds under section 10A of that Act that a special reason exists.

3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10 or 10AA(1) of that Act do not apply and the court has full sentencing discretion. See also section 5(2G) of that Act.

S. 15B inserted by No. 6/2013 s. 4.

 

[Bombfire]

Reckless as opposed to intentional gets a 5 year downgrade

Victorian Current Acts
CRIMES ACT 1958 - SECT 15B
Causing serious injury recklessly in circumstances of gross violence
(1) A person must not, without lawful excuse, recklessly cause serious injury to another person in circumstances of gross violence.

Penalty: Level 4 imprisonment (15 years maximum).

Note to s. 15B(1) inserted by No. 65/2016 s. 20(8).

 

[Bombfire]

Worth having a crack at too;

Victorian Current Acts
CRIMES ACT 1958 - SECT 22
Conduct endangering life
A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of death is guilty of an indictable offence.

Penalty: Level 5 imprisonment (10 years maximum).

S. 23 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1)
(Sch. 2 item 14), 48/1997
s. 60(1)(Sch. 1 item 16).

 

[Bunk Moreland]

His old man and his lawyer mates will have done a very good job if they keep beanie boy outta the big house.

 

[Bombfire]

His old man and his lawyer mates will have done a very good job if they keep beanie boy outta the big house.

With the press scampering all over the place looking for the right court I think we’ve tasted a small morsel of how difficult it’s going to be for VicPol, and the press, to get some traction in the case.
The scrutiny on the cops by this family and their fiends, sorry, friends in the legal fraternity to do everything by the book is going to be huge.
Good luck to the cops.

 

[Pykie]

This is the coveted one;

Victorian Current Acts
CRIMES ACT 1958 - SECT 15A
Causing serious injury intentionally in circumstances of gross violence

(1) A person must not, without lawful excuse, intentionally cause serious injury to another person in circumstances of gross violence.

Penalty: Level 3 imprisonment (20 years maximum).

Note to s. 15A(1) inserted by No. 65/2016 s. 20(6).

Note

An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

(2) For the purposes of subsection (1), any one of the following constitutes circumstances of gross violence—

(a) the offender planned in advance to engage in conduct and at the time of planning—

(i) the offender intended that the conduct would cause a serious injury; or

(ii) the offender was reckless as to whether the conduct would cause a serious injury; or

(iii) a reasonable person would have foreseen that the conduct would be likely to result in a serious injury;

(b) the offender in company with 2 or more other persons caused the serious injury;

S. 15A(2)(c) substituted by No. 63/2014 s. 7(3).

(c) the offender entered into an agreement, arrangement or understanding with 2 or more other persons to cause a serious injury;

Note

See Subdivision (1) (Complicity in commission of offences) of Division 1 of Part II.

(d) the offender planned in advance to have with him or her and to use an offensive weapon, firearm or imitation firearm and in fact used the offensive weapon, firearm or imitation firearm to cause the serious injury;

(e) the offender continued to cause injury to the other person after the other person was incapacitated;

(f) the offender caused the serious injury to the other person while the other person was incapacitated.

Notes to s. 15A amended by Nos 69/2014 s. 8(1)(2), 28/2016 s. 6(1), 65/2016 s. 20(7).

Notes

1 See section 422(1) for an alternative verdict.

2 Section 10 of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 15A and that a non-parole period of not less than 4 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists. If, however, a victim is an emergency worker on duty or a custodial officer on duty, section 10AA(1) of the Sentencing Act 1991 requires that a non-parole period of not less than 5 years be fixed unless the court finds under section 10A of that Act that a special reason exists.

3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10 or 10AA(1) of that Act do not apply and the court has full sentencing discretion. See also section 5(2G) of that Act.

S. 15B inserted by No. 6/2013 s. 4.

This will be pretty hard to dispute tbh.

"Just" intentionally causing serious injury, however because there were 3 of them, ticks all the boxes.

Minimum 4 year non-parole period on the spot if any of them are found guilty of it.

 

[blue harvest]

The fact that the 2 older blokes ran and hid and then were re-engaged at a later time will also make it hard to argue away their intent to injure.

 

[TennisPlayerAndy]

They're royally ****ed.

 

[PP34]

Turns out I’ve known one of these bloke my whole life.

I’m ******* staggered he’s gone and done something like this.

What the actual *.

 

[Ron The Bear]

The school I went to tried to do that to a mate of mine, only rather than ask him to leave they suggested he do a 'non-ATAR VCE', which meant he'd stick around and still pay them fees but not get an ATAR score when he finished (apparently it would 'take the pressure off him').

After having handed over all of that money over the years right up until year 12, he and his parents promptly told them to get ******, completed his year 12 like everyone else and happily dragged the school's average down with him

Experienced similar; was requested to sign up for something known among students as "vegie English" which conceded a Yr 11 pass but prevented you from doing Yr 12. Parents hit the roof and sent me to another (quite expensive) school where my final English report read "xxxxx writes with a simple flair that would be the envy of craftsmen".

 

[Bunk Moreland]

Experienced similar; was requested to sign up for something known among students as "vegie English" which conceded a Yr 11 pass but prevented you from doing Yr 12. Parents hit the roof and sent me to another (quite expensive) school where my final English report read "xxxxx writes with a simple flair that would be the envy of craftsmen".

What happened to your writing since then?

 

[radiojake]

What happened to your writing since then?

too many tables

and we thanks him

 

[Ron The Bear]

What happened to your writing since then?

BigFooty.

 

[Frank Gallagher]

This is the coveted one;

Victorian Current Acts
CRIMES ACT 1958 - SECT 15A
Causing serious injury intentionally in circumstances of gross violence

(1) A person must not, without lawful excuse, intentionally cause serious injury to another person in circumstances of gross violence.

Penalty: Level 3 imprisonment (20 years maximum).

Note to s. 15A(1) inserted by No. 65/2016 s. 20(6).

Note

An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

(2) For the purposes of subsection (1), any one of the following constitutes circumstances of gross violence—

(a) the offender planned in advance to engage in conduct and at the time of planning—

(i) the offender intended that the conduct would cause a serious injury; or

(ii) the offender was reckless as to whether the conduct would cause a serious injury; or

(iii) a reasonable person would have foreseen that the conduct would be likely to result in a serious injury;

(b) the offender in company with 2 or more other persons caused the serious injury;

S. 15A(2)(c) substituted by No. 63/2014 s. 7(3).

(c) the offender entered into an agreement, arrangement or understanding with 2 or more other persons to cause a serious injury;

Note

See Subdivision (1) (Complicity in commission of offences) of Division 1 of Part II.

(d) the offender planned in advance to have with him or her and to use an offensive weapon, firearm or imitation firearm and in fact used the offensive weapon, firearm or imitation firearm to cause the serious injury;

(e) the offender continued to cause injury to the other person after the other person was incapacitated;

(f) the offender caused the serious injury to the other person while the other person was incapacitated.

Notes to s. 15A amended by Nos 69/2014 s. 8(1)(2), 28/2016 s. 6(1), 65/2016 s. 20(7).

Notes

1 See section 422(1) for an alternative verdict.

2 Section 10 of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 15A and that a non-parole period of not less than 4 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists. If, however, a victim is an emergency worker on duty or a custodial officer on duty, section 10AA(1) of the Sentencing Act 1991 requires that a non-parole period of not less than 5 years be fixed unless the court finds under section 10A of that Act that a special reason exists.

3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10 or 10AA(1) of that Act do not apply and the court has full sentencing discretion. See also section 5(2G) of that Act.

S. 15B inserted by No. 6/2013 s. 4.

So a 12 month good behavior bond?

 

[MagicGnome97]

That was the school where year 12 students were taunting other students from lower socioeconomic schools on a VCE Facebook page designed to help with exams, yeah?

Something about 'povvo schools' and 'being your boss one day'

It was 1 student, a single bloke, NOT students plural. I know who it was. I was in their year level at Xavier and was also in the facebook group at the time: VCE discussion space. He said something about 'pakenham high povos' or something like that. From my recollection (I didn't know him very well) he was kind of a douchebag, a bit of an arrogant dickhead. Nevertheless I was still shocked when that happened.

Its just one student though so if you are throwing all private school or Xavier students into the same boat then you are just the same as him throwing all of the pakenham high/public school students in the same boat.

 

[kriles76]

Lock these scumbags up.


Sent from my iPhone using Tapatalk

But they have excellent prospects for rehabilitation.

 

[the harry]

I dunno, maybe it’s the whole private school culture, which doesn’t make sense to me. These people seem to drag their school identity around for life.

I mean, they still play school footy in their 20s and 30s... get over it lads.

I think that's why they're still labelled as it, because in most other elements of life, they use the label themselves.

I know a guy in his late 30s who still identifies himself as "old Xavier".