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Court ruling blurs line on justice

27 Jan, 2012 03:00 AM
THE police have a right to question the reduced sentence for armed robber Rodney Gene Crosswell, of Kingston.

In the Hobart Supreme Court on Wednesday Crosswell's 10-and-a-half year jail term was reduced to eight years, on the grounds that it was ``manifestly excessive'' according to appeal judge Justice Peter Evans.

Manifestly excessive means that it was obviously and clearly too excessive. Well, it was not so obvious and clear to Justice Helen Wood in 2010.

Justice Wood sentenced Crosswell after he pleaded guilty to assaulting a police officer by discharging a sawn-off shotgun at her, and armed robbery and aggravated assault by pointing the loaded weapon at the face of newsagency staff.

Justice Evans believes this man, who has a long list of prior convictions including assault and stealing, is not beyond reform and should be entitled to a parole period.

Whether or not reform is possible is better left to the courts. The issue here is the message it sends to would-be criminals, the police and the community. The Police Association is justifiably angry over a ruling that reduces the penalty for firing a scatter-gun weapon at a police officer.

Any shooter who fires a shotgun at a person is surely in serious trouble because they know shotguns are scatter guns, with pellets and a trajectory capable of hitting targets indiscriminately.

The police victim, who could not return to front-line duties because of the incident, was clearly lucky she wasn't hit. For this Crosswell could also count himself extremely lucky.

If the court was establishing a prison term for someone as dangerous as Crosswell it might be understandable, but the court had already established a prison term after considering the facts of the case.

A ``manifestly excessive'' term by definition suggests that it should have been considerably less. However, the 10-year term was reduced by two years. The community deserves protection from those who break the law using deadly force. Alternatively, criminals need to know the community will not tolerate violence, especially against police doing their job.

In this case the message from the courts is unclear.

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comments


Date: Newest first | Oldest first
Let Justice Evans be held responsible to society should this felon re offends. Society and certainly the victim have a right for protection. Those that make decisions re sentencing need to be held accountable . The golden pedestals on which those learned people sit , should not be immune

from questioning, criticism, and accountability.

Posted by barneyboy, 27/01/2012 7:26:30 AM, on The Examiner
Evans has saved the Australian taxpayer $2M. Crosswell costs $300/day to keep locked up. We need more judges like Justice Evans who appreciate the greater good accomplished by reducing a sentence originally imposed. Let us hope that Crosswell see something to be gained by good behaviour in prison. More than likely his brain is still substantially maturing and with the right medication, he might be quite okay as long as he receives the right guidance and realises that the system can actually give something and doesn't just always take away.
Posted by Paul Moxham, 27/01/2012 4:55:41 PM, on The Examiner
Paul Moxham ! What a politicaly correct reply .

You have not made one point in regard to the safety of society ,the safety that society has a right to demand . The Greater Good !!!!

You surely must be aware of the statistics that show those let out on early release/ parole go on to re offend. Airy fairy precepts have no place in reality . I see no comment in regard to the suffering of victims by repeat opffenders !!!!!!

I work with substance abuse offenders ,on CTO's, and the reality is that those that adhere to medication is in the minority .

Posted by barneyboy, 28/01/2012 8:31:40 AM, on The Examiner
Prison time may cost the dollars - but what is cost of crime to the victims and society?

Our penalties don't go far enough our system could learn a lot from New York's ' Broken Windows' and Japan's Zero Tolerance.

We the people expect to be safe in our homes and on the streets, we expect the things we work hard for and pay our taxes to be safe and we expect our Judges to support the Police and the community

Posted by checkitout, 28/01/2012 3:03:34 PM, on The Examiner

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