The Forum > General Discussion > Should refugees and immigrants get more lenient sentences in courts
Should refugees and immigrants get more lenient sentences in courts
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Posted by Banjo, Saturday, 18 February 2017 8:38:22 AM
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Dear Banjo,
I'm not a lawyer so I can only speak from my limited knowledge of the criminal justice system in this country. From my understanding though I believe that the law is applied within the framework set by parliaments. Of course there are variations within the court process and individual offenders. I don't know what is involved in a judge's decision in these matters. However, if one sees problems repeatedly occurring with certain classes of offenders as you obviously do in this case - then you should try to get the system changed. It's the system that appears flawed and needs reforming Perhaps contacting your MP might help steer you in the right direction. Posted by Foxy, Saturday, 18 February 2017 1:11:20 PM
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cont'd ...
Dear Banjo, It just occurred to me - Can a refugee who commits a crime in Australia be deported? I vaguely recall something about it being in the news not so long ago. Posted by Foxy, Saturday, 18 February 2017 3:02:10 PM
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Banjo,
For interest i Googled just one of your examples, http://www.abc.net.au/news/2017-02-13/student-nurse-repeatedly-raped-woman-while-working-as-her-carer/8265676 You are right. Posted by leoj, Saturday, 18 February 2017 3:17:42 PM
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Foxy,
One does not have to be a lawyer to recognize light sentences for serious crimes. Our governments tell us the crimes are serious but the courts continue to hand out light sentences, especially more so to refugees and immigrants. How can a court only give 1 year jail, suspended, for type 3 FGM, which involves clitoris removal and sowing the labia majora together, closing off the vagina. All performed on an innocent little girl. The cell key should be tossed in the sea. How can a refugee be allowed bail when charged with 21 counts of rape, 8 of assault and threats to life of his victim. That is ridiculous but is happening now. The courts are favouring the refugees like spoilt kids' What is the point of NSW increasing penalties for FGM from 14 to 21 years if the courts issue suspended sentences for serious offences? Perhaps we need more Jails and judges with backbone Posted by Banjo, Saturday, 18 February 2017 3:57:11 PM
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Dear Banjo,
I can't really comment on all the intricacies and complexities involved. I don't know the individual cases or why as you point out the judges are so lenient and yet so harsh when it comes to sentencing our Aboriginal people. As you say, it does not make sense. I shall have to do more research into this matter. It does sound incredible from what you describe that the law is so unfairly applied in these cases. Are the judges hands tied under some other sort of rulings when it comes to refugees? By international laws, for example? I simply don't know. But as you state it makes no sense. Posted by Foxy, Saturday, 18 February 2017 4:04:37 PM
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example 1. A baby girl 9mts was taken to Indonesia and subjected to FGM, type 3 (the most severe) and the father received a 12 mts Suspended sentence for his actions. Authorities claim such is a serious offence?
example 2, A refugee 23 was convicted of the rape of a 15yo girl and walked out of court with a 12mts suspended sentence. Yet the other day a former state rep footballer was sentenced for 6 years for the rape of a 14yo girl.
Example3. A student male nurse, from Kenya, just this week was allowed out on bail, charged with 21 counts of rape and 8 counts of assault and threatening the life of the woman he was caring for in her home.
I recall an Afghan refugee having his case dismissed for trying to steal a little girl from a park, lucky her father interviened. Another case involved sexual assault at a swimming pool and another at a uni dormitory.
It seems the refugees claim ignorance and get away with it. Yet our gov gives information to all visa applicants, about our society and laws, in 30 different languages.
It is high time we insisted refugees and immigrants obeyed our laws and paid the same penalties. Our sentences are too lenient anyway