The Law The benefits of being the W.A. Police Commisioners son

[Old Skool]

POLICE Commissioner Karl O'Callaghan's son has been jailed for 16 months for his role in manufacturing drugs in a home laboratory.

Russell Joseph O’Callaghan, 30, suffered serious burns when a clandestine drug laboratory exploded inside a Carlisle house on March 19 this year.

He was sentenced today in the District Court to 16 months in prison for attempting to manufacture the prohibited drug methamphetamine.

He will be eligible for parole after eight months.

.........

Crown prosecutor Amanda Forrester said Parliament had mandated that an attempt to manufacture drugs should carry the same weight as an actual manufacture.........

“This offence is exceptionally serious.”

She said the fact that children were present when the laboratory exploded, the community was endangered, and public housing was effectively destroyed meant a term of imprisonment was the most appropriate sentence.

She added that an imprisonment sentence would serve as a general deterrent to the illegal manufacture of amphetamines.

Outside court, Mr O'Callaghan's lawyer told reporters Mr O'Callaghan was disappointed with the sentence.

Read more: http://www.perthnow.com.au/news/wes...d-drug-lab-blast/story-e6frg13u-1226127169963

Okay, we've got a meth cook, a lab and an explosion with children present.

What sentence would an average joe without connections expect to get for this?

A six year sentence, serve four years in jail, with two years parole?

Did the WA Director of Public Prosecutions appeal this sentence?

Australia is a bloody marvellous country, isn't it?

 

[Caesar]

Do you actually know the answers to the questions you're posing? Where did you pull expectations of a "six year sentence" for anyone else from? Bearing in mind that he was manufacturing for personal use rather than dealing...

5 seconds on Google gave me this document outlining a couple of recent sentences for the offence:

http://www.dpp.wa.gov.au/content/manufacture_prohibited_drug.pdf

Looking at the first 3 cases there, they received sentences of 2-3 years. In all cases the circumstances were much more severe (e.g. long-term manufacture, commercial profit, prior records, other offences involved). Additionally, the defendant in this case got a discount for providing Crown evidence, which the others didn't. Given that context, from just a brief summary of the facts it looks like a pretty reasonable sentence to me. Certainly I'm not seeing anything jump out at me to say that the sentence is completely out of step with what might have been handed out to anyone else.

Be honest - you saw a short sentence and the words "police commissioner's son", and put two and two together to make nine. I know you hate cops but this is pretty sloppy work.

 

[Old Skool]

Do you actually know the answers to the questions you're posing? Where did you pull expectations of a "six year sentence" for anyone else from?

Questions in the written form are accompanied by this -----> ?

Be honest - you saw a short sentence and the words "police commissioner's son", and put two and two together to make nine. I know you hate cops but this is pretty sloppy work.

I saw the words, "police commissioner's son", "meth lab", "explosion", "children present", and the one that stood out like a sore thumb, "eligible for parole after eight months"

The legislation does not allow any favorable disinction for "manufacturing for personal use".

I'd love to see the trial transcript.

 

[stralia]

Not home meth cooking but a good friend of mine got a 6 1/2 year sentence for pill possession. It was a rather large amount though. He served 2 1/2, nearly 3.

 

[Caesar]

The legislation does not allow any favorable disinction for "manufacturing for personal use".

It's a factor relevant to sentencing, which takes into account the circumstances of the offence.

Like I said, I'm still not seeing anything from you that indicates this sentence is out of step with what might reasonably be expected under the circumstances for any other offender in his position. Police commissioner's son or not.

 

[Old Skool]

It's a factor relevant to sentencing, which takes into account the circumstances of the offence.

Like I said, I'm still not seeing anything from you that indicates this sentence is out of step with what might reasonably be expected under the circumstances for any other offender in his position.

16 months NPP for Manufacture with no explosions and no burning children:

http://www.austlii.edu.au/au/cases/vic/VSCA/2011/10.html

...and the 1 packet of psuedoephedrine for 0.1 grams of meth elicited by O'Callaghans defence created some serious chortling on this side of the monitor.

Why did he even need a gas bottle? It appears that a bic disposable lighter would have sufficed.

 

[Old Skool]

Serious bang.

[YOUTUBE]7k1ra0FhSDU[/YOUTUBE]

How often do they wheel out other concerned, embattled relatives of similiar circumstances, in the mainstream media?

The average Joe would have been hung, drawn and quartered.

 

[Caesar]

16 months NPP for Manufacture with no explosions and no burning children:

http://www.austlii.edu.au/au/cases/vic/VSCA/2011/10.html

That's a different jurisdiction.

 

[The_Reaper]

16 months NPP for Manufacture with no explosions and no burning children:

http://www.austlii.edu.au/au/cases/vic/VSCA/2011/10.html

...and the 1 packet of psuedoephedrine for 0.1 grams of meth elicited by O'Callaghans defence created some serious chortling on this side of the monitor.

Why did he even need a gas bottle? It appears that a bic disposable lighter would have sufficed.

Perth isn't in Victoria.

 

[fairdinkum]

Not home meth cooking but a good friend of mine got a 6 1/2 year sentence for pill possession. It was a rather large amount though. He served 2 1/2, nearly 3.

Mind if I ask how many pills he got done with?

 

[The_Reaper]

Serious bang.

[youtube]7k1ra0FhSDU[/youtube]

How often do they wheel out other concerned, embattled relatives of similiar circumstances, in the mainstream media?

The average Joe would have been hung, drawn and quartered.

The average Joe wouldn't have been reported on.

 

[Old Skool]

That's a different jurisdiction.

You expect me to find a previous case in Western Australia where a cook claimed they were only cooking 0.1 grams of meth and blew up a house with kids in it?



Moving on, in an amazing coincidence, there is an article dated today about O'Callaghan and his son, whining about their incarceration predicament:

http://www.perthnow.com.au/news/wes...target-in-prison/story-e6frg143-1226128391343

I wonder how many non violent drug offenders the Commisioner has locked up over the years without giving it a second thought?

 

[Caesar]

You expect me to find a previous case in Western Australia where a cook claimed they were only cooking 0.1 grams of meth and blew up a house with kids in it?

No. I'd like to see something to suggest that this sentence is out of step with the sentence anyone else in WA could expect if they committed a similar offence.

If you think that the penalties for cooking meth in WA should be higher, I have no problem with that. But you started this thread on the basis that this guy has received soft treatment because his dad's the police commissioner. You've provided precisely nothing to back that up.

I'm usually the first to stick the boot into the WA justice system, but I reckon you're on a hiding to nothing with this one.

 

[Old Skool]

No. I'd like to see something to suggest that this sentence is out of step with the sentence anyone else in WA could expect if they committed a similar offence.

If you think that the penalties for cooking meth in WA should be higher, I have no problem with that. But you started this thread on the basis that this guy has received soft treatment because his dad's the police commissioner. You've provided precisely nothing to back that up.

I'm usually the first to stick the boot into the WA justice system, but I reckon you're on a hiding to nothing with this one.

There is no previous case in Western Australia where a cook claimed they were only cooking 0.1 grams of meth, blew up a house with kids in it, and involved a bloke named Russell whose father was the police commisioner. Please accept my apologies.

We shall have to see how the other defendents fare.

My experience with the media and my healthy cynicism tells me that the hysteria factor would have gobne through the roof if this were not a police commisioners son. Todays sympathy article adds credibility to that premise.

 

[Caesar]

I posted a link showing a sample of recent convictions for similar offences and viewed in that context this sentence doesn't seem unreasonable. If you're going to fling such serious accusations around then the onus is on you to back them up.

TBH it's threads like this that make it hard to take you seriously on the subject of policing. You come across as having a massive axe to grind.

 

[stralia]

Mind if I ask how many pills he got done with?

Something like 3000. About 1kg IIRC.

 

[EasternTiger]

I'd be more surprised and disappointed if the dad couldn't get his son a lighter sentence.

What's the point of having a father who's a police commissioner if he can't pull a few strings?

 

[fairdinkum]

Something like 3000. About 1kg IIRC.

Ah, okay. Fair enough.

 

[Donners]

Without examining the factors taken into account on sentence, you are in no position to judge the appropriateness of the sentence imposed. For all you know, it was well within the prosecution range.

The details outlined just in that article - the peripheral role, undertaking to assist authorities, plea of guilty and efforts to assist his own rehabilitation - establish several significant factors in his favour; two of those an automatic and substantial discount on sentence.

You cite a case which clearly has absolutely no bearing on the facts. Prior and subsequent offending, no undertaking to assist, parity and poor prospects of rehabilitation - not to mention a different jurisdiction! - render it incomparable.

Your contention has no substance, as is usually the case with most sentencing threads.

 

[DivideandMultiply]

This is why the WA tough on crime rhetoric from public figures like the police commissioner, premier and WA media organisations is so absurd.

Human nature even for many of these fine upwardly mobile sociopaths means we fight to protect our own. When these kind of mistakes suddenly take on a personal note (or at least when the pretence to empathy serves our vested interest), people who have spent their lives doing the opposite now sue for clemency.

And to be honest I find nothing wrong with that. We need to find more humane ways of dealing with the drugs issue, though the explosion and children being present is actually seriously concerning.

Having said all that, the hypocrisy of some of those involved and the local medias vulgar prostitution of itself (relating to the drugs issue) are there for all to see. It would be nice if for some this was also accompanied by an acute sense of self awareness and a few minds were changed.....

 

[Caesar]

Human nature even for many of these fine upwardly mobile sociopaths means we fight to protect our own. When these kind of mistakes suddenly take on a personal note (or at least when the pretence to empathy serves our vested interest), people who have spent their lives doing the opposite now sue for clemency.

Eh? Did you read the above articles? The Commissioner doesn't sound like he's looking for clemency at all:

``I'm personally very sad about it, but I think from a police commissioner's point of view, it's not an inappropriate response by the courts.

``It is an appropriate response for what was a very dangerous and foolish act.''

 

[Old Skool]

Fair dinkum Caesar, what else is he going to say to a bloody journo?

He's already kicked his goal with the son only getting 8 months.

Interesting to note some of these sentences mentioned in a recent W.A Supreme Court appeal, where from what I can gather, a bloke has got 5 years for 3.5 grams of meth:

16 In Bosworth v The State of Western Australia [2007] WASCA 144; (2007) 175 A Crim R 49, Miller AJA reviewed the sentencing authorities in relation to cases involving the possession of quantities of methylamphetamine with intent to sell or supply to another. His Honour said, relevantly:

In cases involving smaller quantities of methylamphetamine (between 3 g and 65 g), sentences (where appropriate converted in accordance with the post-transitional provisions) have ranged from between 2 and 5 years. Most cases involved pleas of guilty. Examples from the last 10 years are:​

• Vodanovic v The Queen (unreported, Court of Criminal Appeal, WA, No 151 of 1995; Library No 960056, 9 February 1996) (24.5 g of 2% purity - 2 years);
• Bellissimo v The Queen (1996) 84 A Crim R 465 (20.8 g of 6% purity - 3 years 10 months);
• Leonard v The Queen (unreported, Court of Criminal Appeal, WA, No 166 of 1998, 29 March 1999) (sale of 22.4 g of 8.5% purity amphetamines - 3 years 4 months);
• Nelis v The Queen [2000] WASCA 194 (three counts of selling and/or possession, including 54.75 g of unknown purity - 4 years 8 months);
• Marchesano v The Queen [2000] WASCA 225; (2000) 116 A Crim R 237 (41.1 g of 20% purity and 1.36 g of 20% purity - 2 years 4 months);
• Watt v The Queen [2000] WASCA 354 (6.74 g of between 18-22% purity - 2 years 8 months);
• R v Weston [2000] WASCA 389 (41.77 g of unknown purity - 1 year 8 months, suspended for 2 years);
• Mishal v The Queen [2001] WASCA 328 (20 g of 2% purity - 2 years);
• R v Hafner [2002] WASCA 211 (attempted sale or supply of 21.2 g of 36% purity - 4 years);
• Vogel v The Queen [2002] WASCA 261 (3.8 g of 11% purity and 2.86 g of 37% purity - 2 years);
• Marker v The Queen [2002] WASCA 282; (2002) 135 A Crim R 55 (two counts, one of 53.9 g of 41% purity and one of 0.1 gram of 59.3% purity respectively - 4 years 5 months);
• Hiron v The Queen [2003] WASCA 310 (over 120 g of varying purity in three counts leading to a total term of 4 years 8 months’ imprisonment);
• Hollingsworth v The Queen [2004] WASCA 73 (9.2 g of between 3-5% purity - 2 years, but concurrent with other offences and cumulative on sale of 29 g of methylamphetamine, making a total of 5 years);
• Schlenka v The Queen [2004] WASCA 142 (12.7 g of 47% purity - 1 year 8 months' imprisonment);
• Samuel v Western Australia [2004] WASCA 154 (6.25 g of 25% purity - 2 years, suspended for 2 years);
• Le v The Queen [2004] WASCA 214; (2004) 147 A Crim R 269 (two counts involving methylamphetamine of respectively 6.94 g of 81% purity and 27.9 g of 83% purity - 2 years 1 month and 4 years 2 months cumulative);
• Wong v Western Australia [2004] WASCA 286 (26 g of 6% purity - 2 years 6 months, but cumulative with other sentences);
• Colangelo v Western Australia [2004] WASCA 294 (53.32 g of varying purity - 4 years, but cumulative with other sentences);
• Olomi v Western Australia [2004] WASCA 304 (64.48 g with purity unknown - 2 years 8 months, cumulative on other sentences, but concurrent with a parole term);
• Pepper v Western Australia [2005] WASCA 177; (2005) 30 WAR 447 (3.5 g of 56-62% purity - 2 years, cumulatively with other sentences); and
• Samuels v Western Australia (No 2) [2006] WASCA 222 (23.5 g of 34% purity - 5 years) [41].

http://www.austlii.edu.au/au/cases/wa/WASCA/2012/80.html

This commisioners son thing stinks to high heaven.

If this was an average Joe, they would have been nailed to a ****ing cross.

 

[Old Skool]

This is why the WA tough on crime rhetoric from public figures like the police commissioner, premier and WA media organisations is so absurd.

Human nature even for many of these fine upwardly mobile sociopaths means we fight to protect our own. When these kind of mistakes suddenly take on a personal note (or at least when the pretence to empathy serves our vested interest), people who have spent their lives doing the opposite now sue for clemency.

And to be honest I find nothing wrong with that. We need to find more humane ways of dealing with the drugs issue, though the explosion and children being present is actually seriously concerning.

Having said all that, the hypocrisy of some of those involved and the local medias vulgar prostitution of itself (relating to the drugs issue) are there for all to see. It would be nice if for some this was also accompanied by an acute sense of self awareness and a few minds were changed.....

Hear, hear.

 

[The_Reaper]

If the WA police were going to let him off easily they would have just covered it up.
Offer the other people involved reduced sentances for their cooperation in covering it up.

Nobody would find out for a decade.

 

[Illinois Nazi]

Interesting to note some of these sentences mentioned in a recent W.A Supreme Court appeal, where from what I can gather, a bloke has got 5 years for 3.5 grams of meth:

quantities of methylamphetamine with intent to sell or supply to another

So you're looking at higher quantities plus intent to sell/supply, and expecting the same sentence to apply?

This commisioners son thing stinks to high heaven.

If this was an average Joe, they would have been nailed to a ****ing cross.

If you lived in WA and weren't just on an anti-police crusade you'd remember when this thing first happened. O'callaghan hadn't spoken to his son for years prior to this incident. And at the time there was a meth lab blowing up about once a week. If he was an average Joe they wouldn't even have bothered reporting it.