Where is the justice

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Jafa

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2nd December 2008, 17:15 WST

The man who has admitted killing father of five Bill Rowe after striking him with a cricket bat on Christmas Day of last year could be free from jail in less than three years.

Mathew Roy McDonald, 22, was sentenced to five years and nine months jail in the WA Supreme Court today.

McDonald was made eligible for parole, meaning his earliest release date would be September 2011.

WTF is wrong with our judicial system in this country? I read the front page of the West this morning and was dumbfounded by this. It now seems that a part of this sentence is apportioned to a previous assault that this piece of s**t perpetrated back in 2006.

We have a guy with a history - a guy who is a murderer plain and simple and the best the Judge can offer Ellen Rowe is that "Justice is imperfect"

Stellar.
 

Belnakor

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This sentence makes an absolutely mockery of justice.

Mcginty has spent the last 8 years stacking out the courts with a bunch of bleeding heart left winger judges who are completely unqualified, and look at a sentence as "well, how light can i let this guy off"

Mcdonald already has a record, tried to avoid being caught for the crime, and has no remorse. What a joke.

He should have gotten 15 years. WA courts have been in a shambles for years, people have been getting lighter and lighter sentences and this is just the tip of the iceberg.

We simply need to bring back almost all the laws the Carpenter/Gallop government put in, in regards to Law and Order. We need mandatory sentencing, we need the works.

BTW this needs a better thread title.
 

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skilts

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We have a guy with a history - a guy who is a murderer plain and simple and the best the Judge can offer Ellen Rowe is that "Justice is imperfect"

Stellar.

The "plain and simple" must refer to yourself.

He was convicted of MANSLAUGHTER. Is this too subtle a difference for you to comprehend? People like you get so angry. Is it because of the frustration which comes from a complete lack of understanding, or is it because you are plain and simple? Maybe it's a West Australian thing.
 

AndSmithMustScore

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The "plain and simple" must refer to yourself.

He was convicted of MANSLAUGHTER. Is this too subtle a difference for you to comprehend? People like you get so angry. Is it because of the frustration which comes from a complete lack of understanding, or is it because you are plain and simple? Maybe it's a West Australian thing.

Or is it because some poor bugger got smashed to death with a cricket bat?

How dare people get angry over that.
 
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Absolute disgrace.

Didn't the animal have a prior for almost exactly the same thing? Surely that suggest's something a little more serious than 5 years is warranted.

How is taking a baseball bat to someones head any different to shooting them? Why was this not murder?
 

Jafa

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The "plain and simple" must refer to yourself.

He was convicted of MANSLAUGHTER. Is this too subtle a difference for you to comprehend? People like you get so angry. Is it because of the frustration which comes from a complete lack of understanding, or is it because you are plain and simple? Maybe it's a West Australian thing.

Semantics - The lawyers got together and worked out a lesser sentence.

It was murder.
 

NoSpinZone

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The "plain and simple" must refer to yourself.

He was convicted of MANSLAUGHTER. Is this too subtle a difference for you to comprehend? People like you get so angry. Is it because of the frustration which comes from a complete lack of understanding, or is it because you are plain and simple? Maybe it's a West Australian thing.

Yes, the justice system is infalible, so it is impossible for it to be murder.

Either way it is irrelevant. The only way to get justice is if you do it yourself.
 

Jafa

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Absolute disgrace.

Didn't the animal have a prior for almost exactly the same thing? Surely that suggest's something a little more serious than 5 years is warranted.

How is taking a baseball bat to someones head any different to shooting them? Why was this not murder?

They just mentioned it on the news. Opened another guys head up with a Hockey stick. Hit him twice. The pictures showed a gash across the top of the head from ear to ear.

Seems like a rather nice chap.
 

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Bosun

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The "plain and simple" must refer to yourself.

He was convicted of MANSLAUGHTER. Is this too subtle a difference for you to comprehend? People like you get so angry. Is it because of the frustration which comes from a complete lack of understanding, or is it because you are plain and simple? Maybe it's a West Australian thing.

Do you think the sentence is appropriate?
 

Belnakor

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I wouldn't have been happy - but 5 years would have been a decent sentence for someone who showed remorse, never been in trouble before etc.

But this guy had done an almost IDENTICAL crime, just one that didn't end up with someone dead.
 
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I wouldn't have been happy - but 5 years would have been a decent sentence for someone who showed remorse, never been in trouble before etc.

But this guy had done an almost IDENTICAL crime, just one that didn't end up with someone dead.

For once I agree with Belnakor.. it is a rare day.

But Manslaughter is still serious, and if the person had no history and made a bad mistake I could accept 5 years. But the way this one unfolded it was close to the murder line and he had a history.

double the time would have been appropriate.
 

BigWardy12

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I couldn't possibly comment. As I didn't attend the court case, I'm unaware of the evidence which was presented.

thats the smart answer.
apparantly they were holding his head under water or something.
say someones trying to drown you, you struggle and eventually get away. they grab you, you grab the closest thing that happens to be a cricket bat and swing it at them...

it probably didnt happen like this but unless you were present in court and heard all the evidence you have no idea.
 

Jafa

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thats the smart answer.
apparantly they were holding his head under water or something.
say someones trying to drown you, you struggle and eventually get away. they grab you, you grab the closest thing that happens to be a cricket bat and swing it at them...

it probably didnt happen like this but unless you were present in court and heard all the evidence you have no idea.

This all happened in the carpark away from the ocean. The Rowes had rung 000 on numerous occasions prior to the incident trying to get the police to come and intervene before anything happened. They never came. Eventually they decided to leave and where caught up in it all in the carpark.

I see the guy that tried to overtake the two cars (earlier this year in Perth) whilst drunk and ended up plowing through the mother and child got 3 years. Too drunk apparently for it to be his fault.

Perhaps the baby was trying to drown him as well.
 

FunkyFreo2

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in defence of the judge, the DPP did not go for murder charges on the basis of lack of evidence, so only manslaughter was ever pursued.

I did hear also that the death was caused by head hitting tarmac, not bat hitting head, although it staggers me that it is even taken in to consideration. Surely no one could say nowadays that they still are ignorant of the fact that someone can die form a single blow, even if the final blow is the head hitting something as a result of the punch/strike.
 

Jafa

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in defence of the judge, the DPP did not go for murder charges on the basis of lack of evidence, so only manslaughter was ever pursued.

I did hear also that the death was caused by head hitting tarmac, not bat hitting head, although it staggers me that it is even taken in to consideration. Surely no one could say nowadays that they still are ignorant of the fact that someone can die form a single blow, even if the final blow is the head hitting something as a result of the punch/strike.

That is a favourite defence. We had one here in Kal a number of years ago. It wasn`t the repeated head kicks it was the Boulder pavement that killed him.
 

Gman

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In the linked article I found these two points interesting

Parliament set a maximum penalty for the crime of manslaughter for 20 years but under the law which has been in place since 2003, and which applies in your case, judges must reduce a sentence by one-third. That means that the maximum penalty for manslaughter is in effect 13 years and 4 months

20 years maximum yet that is never given and further more there are "special" circumstances that reduce the sentence by a 3rd! How lenient of a society have we become?

You are an Aboriginal person. I am well aware of the disadvantages faced, particularly by young Aboriginal men. It is a notorious fact, one which should fill all members of this West Australian community with shame, that although comprising only 3% of our population, Aboriginal
people comprise 45% of our prison population
.

Only 3% of population (seems rather a small figure) yet nearly 1/2 of the prisoners are of Aboriginal origin.
You would think that the above statement must mean only WA region not all of Australia
 

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