Hello Foxy...

I hope you're feeling much better, and getting well on top of your medical issues ?

Anyway, just to explain a little further on this insanity defence; it can only be raised when a plea is made, not after, not on appeal. For example, if this guy seeks leave to appeal on say, 'severity' ? He can't very well turn around and claim, diminished responsibility at the appellant hearing ?

There's another sentencing option the presiding justice could have made - that of 'Governor's Pleasure' aka GP. This is an indeterminable period of imprisonment, without any consideration of parole, or other mitigating circumstances. The inmate can only be released by the (State) Governor, on the advice and recommendation of the Executive Council. Convicted individuals hate such a penalty, as you can well imagine.

O sung, not sure, but I would assume that insanity was only a way to avoid the death penalty in those days and, if a person does claim to hab been insane, then more the reason why they should be institutionalized so they can be cared for and have their illness managed.

Hi there BUTCH my friend...

You are no doubt quite correct, when you say many would try to use a plea of insanity in order to beat the rope.

Given 'McNaghtens Rules' is a relatively old judgement (1843), nevertheless it still applies equally today, as the only true measure of insanity available, in the English/Australian criminal jurisprudence.

I entertain no illusions whatsoever, there are perhaps many deficiencies contained in that precedent ? Still that's all we've got at the moment, unless and until, our erudite politicians and distinguished jurists, decide on some other yardstick, in which to determine more accurately, a plea of 'Insanity' ?

Thanks BUTCH.

rehctub,

Going back to your OP, the very best defence is that police become aware of complaints early and that they have excellent intel from the public. The latter doesn't mean a nation of deputies and 'dobbers', but ordinary honest people feeling they can report suspicious behaviour to the police and that the police will take heed.

There needs to be a lot more support for the police and the police in turn need to be more aware of the need to build good relations with the public. Unfortunately it only takes seconds for one overzealous cowboy traffic cop to undo many hours of good work and relationship-building by other police.

Dear o sung wu,

Thank You for your concern about my health.
I am booked in to have a repeat of the Catheter
Ablation procedure (for Atrial Fibrillation)
in July. Apparently last year's Ablation was not
successful. Fingers-crossed that this one will be.

I've been watching the news and it seems that there's
an appeal been made against the length of the sentence of this
killer - Daniel's mother spoke that they support the appeal
and agree that the killer's sentence was not long enough.
So perhaps if the appeal is granted - perhaps this man
will never leave jail. One can only hope this will happen.

Hi again FOXY...

I can only wish for absolute success with your next procedure. July has always been my lucky month, as it will no doubt, be for you too FOXY.

I'm not sure who's lodged the appeal, the Crown, or the criminal ? In any event, with my limited knowledge of the workings of the DPP, if the Crown has appealed because there's a strong belief, the sentence given by the Trial Justice, is manifestly lenient, then there's a reasonably good chance it may be upheld, and the head sentence increased.

If however, the criminal appeals his sentence on grounds it is substantially to long, he should exercise great care, because the CCA may well increase his sentence, rather then reduce it ? This fellow has a long list of prior crimes of similar facts, therefore the Court might view the existing sentence, as being too light and increase it ?

From the little I know, he received a reasonably light sentence, considering his criminal antecedents and the heinous nature of this crime !

Please take good care of yourself FOXY.