Ya gotta wonder...it's like reading an episode of The Twilight Zone...
Boy, 16, on two sets of bail when he allegedly bashed a man with a baseball bat
A judge warned a teen “I don’t believe in third chances” before letting him walk free from court despite the 16-year-old already being on two sets of bail when he allegedly bashed a man with a baseball bat.
Ashley Argoon
@ashargoon
3 min read
April 5, 2024 - 12:45PM
Youth Crime across Victoria over the past 10 years
A boy, 16, on two sets of bail when he allegedly wielded a baseball bat during a horror group attack on a man has been granted bail again despite a judge saying, “I don’t believe in third chances”.
The teen, accused of being among an “excited” pack of four youths that slashed and smashed a man, 21, with machetes, knives, a hammer and baseball bat will join his two alleged co-offenders back in the community.
The decision to grant him bail in the Supreme Court on Friday — following an earlier refusal in a children’s court — came after Justice David Beach questioned, “How can I be confident if I grant him bail he won’t just go out and do it again – or worse?”
The court heard the boy was bailed on July 5 last year and again on January 21 this year before he was among a group that allegedly chased down the victim near a McDonald’s restaurant at Weir Views on February 17.
A witness who saw the attack unfold said four offenders armed with weapons were “acting kind of excited like they just won a Grand Final — they were really pumped up”.
Photos of the victim’s injuries were described as “horrific”, while the boy seeking bail had been seen with a baseball bat fleeing from the scene, the court heard.
Justice Beach said it was a “real concern” the boy was twice granted bail then “he goes out and does this”, noting that , “I do believe in second chances but I don’t believe in third chances”.
“It’s a bit hard to say there’s a compelling reason to grant someone bail if they’re just going to go out and breach it,” he said.
His Honour noted the “escalation” of the boy’s alleged offending between November and February, while he was on bail.
Defence barrister Christin Tom said being in custody for the past few weeks had a deterring effect on the child, but Justice Beach replied it may not have been “salutary enough”.
“I suppose there’s a lot to be said for giving someone a second chance but I’m firmly anti giving them a third chance, does your client understand that?”
Mr Tom conceded the alleged offending was “extremely serious and grave” but maintained that the boy was deemed suitable for Youth Justice bail monitoring, had no criminal convictions and would live at home with his mother if granted bail.
Justice Beach turned to the prosecution, asking: “Doesn’t he deserve one go?”
“I know he’s already been on bail and he hasn’t taken that as seriously as he should have, but he’s been in custody now for a couple of weeks or thereabouts — give him one go?”
“In my submission, the applicant has had two goes,” prosecutor Joshua Sheppard replied.
But Justice Beach found there were compelling reasons to grant bail — being the boy’s young age, his lack of prior convictions and family and Youth Justice support.
The judge was “not persuaded” the child was an unacceptable risk to the community and said there was “little basis” to the police’s concerns that he could interfere with witnesses.
His Honour set “stringent” orders for bail and added a special condition that the boy not be in possession of a knife, hammer, machete or baseball bat in public.
He will return to court in May.
The decision to grant bail comes after changes were made to the Bail Act on March 25, forcing courts to take a wider range of considerations into account when determining a child’s bail application, including that detaining a child in custody was a “last resort”.
The reforms now allow an accused to make a second bid for bail without the onus of establishing new facts and circumstances.
The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.
Look Here -> |
Would that same judge be so lenient on the offender if the victim was a friend or family member of the judge... I doubt it.
There should be mandatory sentencing for such repeat offenders!
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That’s crazy.
IMHO the overriding principle when sentencing or deciding if whether to grant bail should be the safety of the general community. Rehabilitation of the offender and punishment/deterrent should be secondary - if there is any risk at all to the general community, don’t let them out.
If a judge grants parole or gives a reduced sentence and they criminal reoffends, then it needs to come back on the judge as being partly responsible for the harm caused.
eaglem (07-04-24),mtv (07-04-24),peteramjet (11-04-24)
Same thing here in Canada. Let'em out on bail. Then robberies, random punch in the head, knives. Those in charge don't seem to learn and the victims suffer. WTF?
Either the judge can't count ("I don't believe in third chances" before letting him out on bail for the third time) or the new bail act ties his hands. It could be politicians trying to reduce the gaol population again, rather than spending money where it should be spent!The decision to grant bail comes after changes were made to the Bail Act on March 25, forcing courts to take a wider range of considerations into account when determining a child’s bail application, including that detaining a child in custody was a “last resort”.
I'm out of my mind, but feel free to leave a message...
It's progressive left policies that cause this anarchy. In the NT at the moment, Alice Springs is having riots on an unprecedented scale if thats possible. Some of the footage has been truly unbelievable.
The NT government raised the age of responsibility recently, so the delinquents have extra years of unpunished lawlessness ahead of them EVEN if the judges COULD lock them up when caught. And caught by whom? The police, already outnumbered, are quitting in droves.
Like I said, it's the Twilight Zone. You couldn't make this stuff up for a post apocolyptic dystopian movie if you f*cking tried.
The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.
In the Melbourne rag just this evening..sigh!
Boy, 14, films wild police pursuit in Melbourne’s south east before plastering on social media
A teen who was granted bail twice in less than 24 hours after a reckless crime spree can be revealed as one of Melbourne’s worst repeat offenders.
Regan Hodge
Police reporter
@ReganHodge2
2 min read
April 6, 2024 - 2:34PM
Sunday Herald Sun
A 14-year-old boy who was granted bail twice in less than 24 hours after a reckless crime spree can be revealed as one of suburban Melbourne’s worst repeat offenders.
Just hours after the Seaford boy was granted bail again, the car-loving teen took to social media to boast about his overnight joy ride, posting footage of a high speed police chase.
The Sunday Herald Sun can reveal the boy, who cannot legally be named, has shared photos and videos of at least a dozen alleged car thefts across Melbourne’s southeast in recent weeks.
They include three videos and a photo of Thursday night’s crusade, where he allegedly stole an Audi S3 from Narre Warren before hitting speeds in excess of 150km/h.
A rear passenger films three police vehicles with their lights on pursuing the Audi across three lanes of the Princes Highway, before the front passenger waves a wad of cash to the camera.
In a separate clip from the same night, the rear passenger shows the Audi’s speedometer, which is seen nudging 180km/h.
Police deployed stop sticks but the bailed boy continued driving the luxury car on its rims at high speed, before a road worker was forced to jump out of the way as he continued on.
Officers arrested five teenagers early on Friday morning.
Two teenage girls received caution notices and three teens, including the alleged driver, were granted bail.
The baby-faced teen has previously bragged about hitting speeds of over 210km/h, understood to be in a stolen Toyota.
He has also shared FlightRadar images of the Victoria Police AirWing circling above his crew of gangsters as they cruised around Pakenham just days ago.
The boy has uploaded pictures of Audis, Toyotas, Mazdas, BMWs, Mitsubishis, Holdens and Hyundais, believed to be stolen by him or his crew of teenage mates.
The revhead teen has also shared videos of himself in handcuffs sitting in the back of police division vans after his alleged offending.
One video depicts a driver, understood to be the Seaford boy, allegedly running a red light at 160km/h on the Princes Highway at Berwick.
The driver flashes the vehicle’s high beams before entering the intersection late at night, warning other motorists of his need for speed.
He often wears gloves while driving to avoid any potential fingerprints being left inside the car, but still opts to post the vision to his 1200-plus Instagram followers.
Victoria Police’s Operation Trinity have so far made over 1400 arrests relating to young offenders breaking into homes and stealing cars since its inception in March last year.
The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.
I do not acknowledge the so-called traditional custodians of the land and waters on which we operate.
Stop using acronyms!!
In some cases when someone applies and gets bail they have to come up with a surety or bondsman where a monetary amount is applied and then forfeited if the person breaks the bail conditions
does this not happen to these kids ?
Wouldn't do any good mate. Don't forget, they don't even know right from wrong according to the progressive politicians and lawmakers. Where would a 14 year old get the money? Obviously the one in the second article (theres a pic of him with a bundle of 50s) only had counterfeit
Their parents? They aren't allowed to discipline their kids even if they have a mind to, which I seriously doubt. After all, they've probably voted for the left loonies responsible for the laws time after time.
You can thank Zuckerburg and Co for much of this too as the social media platforms do absolutely f*ck all about it.
The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.
dont pick on the "loonies" one of our members might get upset
They come into my house they will leave in a body bag. I have a machete under my bed, it is very sharp and I will use it.
gulliver (08-04-24)
You're right RedXt, I would be offended, after all, Al Bundy calls me the Loonie and I would NEVER have allowed this cr*p! Lock 'em up, their parents, too, if it can be shown that mummy and daddy have not attempted to control their little snot! I'd still be interested to know why said judge gave him a second, second chance.
I'm out of my mind, but feel free to leave a message...
Seems some people are starting to wake up about social media. I have to say that I have never had faceache, twitter, or any of them. No accounts....nothing. I've always firmly believed that as a society we can't handle it and that the bad overwhelmingly outweighs the good.
From the front of todays online Telegraph.
The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.
eaglem (09-04-24)
You'd have to read up on the Bail Act, 1980 (and subsequent amendments) to find this answer ...I had a quick peruse ...and basically the answer is 'no' ...this premise does not always apply to juveniles, only adults (that's how the Act is written)....there's also clauses covering non-Australians, indigenous peoples, mentally afflicted ..etc, etc...at the intersection of the Criminal code & bail/sentencing guidelines. In this case here, IRL what we're seeing is 'kids' committing 'adult' crimes more or less, and in the Bail Act it pretty much states that non adults are the purview of the Juvenile Justice Act, 1982 (and amendments)...and if one reads that terse legalese, if the defendant is receiving counseling/courses as directed by the juvenile justice system, it's inferred the presiding judge should consider bail rather than imprisonment pending committal hearing. ....basically there's a way for defendants to agree to do this/that, that more or less assures them of bail. I imagine there's a limit ..maybe he unwritten 3 strikes you're out rule still applies =) ...
..but what I'm suggesting is, if the bail application was drafted by a clever wig, citing a bunch of terms&conditions the defendant agreed to if bail were to be granted, the judge very much may have had to adhere to bail guidelines, technically speaking, as it appeared the juvenile justice system had things well in hand, and to not grant the defendant bail would negate that (ongoing) process. Understand, I'm not saying it's right...it's just how the situation reads to me...on paper =)
A seppo mate recently flagged me a YT clip, of sherrifs telling citizens and officers to shoot the crims involved with house invasions.... ... appears to work...
I see a big uptick in biometric sensors in cars, to determine whether a registered (with the car) driver, is sitting in the driver's seat before it'll turn on...
enf (10-04-24)
Magnavolt....yeah!... Remember it well.
The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.
Back in the 90's a mate designed a 4wire harness for motor vehicles. We set up a company to develop it and patent it. We even had talks with GMH who helped us with details on the inner workings of the, then, new VP commodore. We could have incorporated engine management and interlocks that meant that an unlicensed driver could not drive it, however, they were unwilling to let us do that. In the end, the project folded because GMH were unwilling to deal with us as a supplier citing contractual obligations, etc, and the other members of our team were unwilling to go offshore. It's a pity because cars, today are increasingly complex when we could have had a small box in each corner of the car with just 4 wires running to it.
I'm out of my mind, but feel free to leave a message...
I am a firm believer in better sentencing guidelines, that are applied to all, regardless of race, religion or age. Parents to be held responsible if their little ferals are running amok.
Basically 1st offence guideline sentence 20 - 50% of maximum, allow consideration for poor upbringing etc, a bit like now. Can be above guideline range if extreme case. Sentence to be served in a rehabilitation orientated facility with 5% of sentence in punishment prison. Some concurrent sentencing allowed, but only for simultaneous events.
2nd offence (similar type of crime eg 2nd car theft) guideline is 40 - 80% of maximum, no allowance for consideration of personal circumstances etc, ie no sob stories to be listened to. Sentence to be served in punishment prison. No niceties whatsoever. All sentences consecutive.
3rd offence guideline is max possible sentence.
In all cases drunk or on drugs to be deemed aggravating circumstances.
All migrants / here on visas / dual citizens to be mandatorily deported if convicted of any crime with a possible sentence of 1 year or more. No appeals, no exceptions. If they serve a jail term then taken direct from jail to deportation. If home country won't take them they can stay in immigration detention until they find somewhere to go.
If the judge gives less then the minimum guideline sentence the jury may vote to increase the sentence to the guideline.
Any judge who give less than guideline & sentence is subsequently increased by the jury more than 50% of the time to be investigated & re educated if needed.
lsemmens (10-04-24)
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