cont'd ...

Mr Kennett tells us that the law in Victoria should be
changed to remove the clause that excuses people from
standing trial if they are judged to be mentally unfit
to do so.

"Everyone who commits a crime
that is serious enough to be brought before a court
should be held responsible for their actions - regardless
of their so-called mental condition."

He says that it is too easy to get medical advice supporting
mental incapacity. Certainly, use of drugs be it ice of
any other illegal substance is no excuse for committing a
crime.

"I hate retrospective laws because
you cannot plan if politicians change the laws for law-abiding
citizens retrospectively."

"But today, I am going to make an exception. The Victorian
parliament should make changes to the law relating to
competency to stand trial for a criminal action retrospective
to January 1, 2016."

"That might affect those accused of the Bourke St and
Flinders St atrocities, who are currently before our courts."

"Let the courts first decide on guilt or innocence of a crime
and an appropriate sentence, and then - and only then-
where that sentence should be served."

"Victoria is becoming a laughing stock."

"Increasingly, you can commit horrendous crimes, including
home invasions, knowing you can find an excuse to avoid the
penalty you would normally expect to suffer for such a
crime."

"Not only are we less safe than we were previously but our
emergency services, who on many occasions put their lives
on the line, are having the rug pulled from under their
feet by a government that fails to act, and by a judicial
system applying laws that in many cases are no longer
appropriate."

"Forget being recognised as The Most Liveable City in
the forseeable future."

"We are on our way to being the Crime Capital of Australia."

"If we, as Victorians, are serious about our safety,
we can make Victoria a safe place to live."

"That must start by
ensuring we have laws in place that cannot be avoided
by those who commit crimes."

"Have a safer day."

Hi there FOXY...

There's much in what Mr KENNETT says. However there used to exist defences to criminal capacity justly enshrined (precedence) in common law defences, in most States of Australia, when it comes to mounting a Defence whilst under the influence of drugs and alcohol.

The reason why most of these types of Defences aren't mounted in Court, the Crown, in collaboration with medico's, are far more adroit at shooting massive holes through them now, than previously. Though in instances of Murder 'with malice aforethought' where insanity is mounted as a defence, I recently mentioned such a defence, just a day or two ago, by citing the; 1843 Judgement in Scotland, leading to the famous; 'McNaghten Rule'?

Sadly FOXY precise details, of the many Defences one may mount to Criminal Capacity, are becoming more foggy in my mind, these days unfortunately? Take care.

Foxy,
In Europe "mental illness" is frequently used to excuse Islamic inspired attacks.
The big problem is to sort out those that are really mentally ill and
those who are of lower intelligence and have been conned into committing a terrorist act.
The conning could be said to have been instigated by Immans telling
the offender that he would go to paradise because he would be a martire.

How would you separate these offenders ?
O sung wu perhaps you could give a legal police prosecutor of view ?

Dear O Sung Wu,

I shall bow to your knowledge in this matter.
As I am not familiar with the courts or our
judicial system.

Dear Bazz,

The best that I can suggest is agree with
what Mr Kennett has stated and that is that
the Victorian parliament should make changes
to the law relating to competency to stand
trial for a criminal action retrospective
to January 1, 2016. This, as Mr Kennett
pointed out might affect those accused of the
Bourke St and Flinders St atrocities, who
are currently before our courts.

He suggests that - let the courts first
decide on guilt or innocence of a crime and
an appropriate sentence, and then - and
only then - where that sentence should be
served.

cont'd ...

What Mr Kennett is stressing is:

"If we, as Victorians, are serious about
our safety, we can make Victoria a safe
place to live. That must start by ensuring
we have laws in place that cannot be avoided
by those who commit crimes."

Another mental problem?

http://www.9news.com.au/national/2018/01/03/18/30/young-women-get-into-brawl-in-supermarket

Might there be some growing evidence of the importation of political and cultural traditions that are anathema to Australian law and culture?