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The Forum > General Discussion > Time to fix the magistrates.

Time to fix the magistrates.

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Foxy to me Judge John Deed is just another Rumpole of the Bailey from a slightly different vantage point, with a different accent.

Both are designed to play on the same audience, in the same way. The plots are so contrived as to be painful.

I feel insulted that I am expected to fall for the tripe.
Posted by Hasbeen, Friday, 23 November 2018 10:15:24 AM
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If a bar-tender serves alcohol to someone who's inebriated and that someone then causes mayhem, the bar-keep can be charged with negligence. If a building inspector approves a structure that subsequently falls down, they can be sued for their professional failures.(Almost) anyone who fails in their duty of care to protect others can be sued under the tort of negligence - except certain protected groups. The law is foremost in those protected groups. I wonder if the fact that most politicians are lawyers is a reason why lawyers are protected?

Rather than " charge magistrates & parole board members with any crime committed by someone they have released" we should simply allow the law of negligence to apply to the law officers as well. If they are certain that this or that person isn't a danger to the community then by all means give them parole. But if their 'expert' judgement turns out to be wrong, then let the victims claim compensation for the damages caused by their failed judgement.

Those involved in the prison system have an incentive to give early release to those in gaol. After all, part of their job is rehabilitation and they want to believe they've successfully rehabilitated this or that offender. But there's currently little disincentive to early release because there's no personal consequences for being wrong.

Create some personal consequences and they'll be a lot less gung-ho and cavalier about offering early release.
Posted by mhaze, Friday, 23 November 2018 10:17:34 AM
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Dear Belly,

I don't know the complexities involved with our laws
but I imagine that it's not an easy job trying to
decipher them. Certainly some of our magistrates do
appear to be too lenient - and how do we "fix"
this is a question that will probably perplex our
courts for quite some time.
Posted by Foxy, Friday, 23 November 2018 10:21:22 AM
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The amazing story of Skase and his passport :
"According to a 1998 ABC program Four Corners, Skase was moving money into foreign bank accounts from July 1989. Despite efforts lasting more than a decade, Max Donnelly, the creditors' trustee, was unable to trace much of the missing money. Skase demanded that Qintex board pay $13.5 million to a private company that he owned. The board refused to ratify the payment, but soon discovered that the payment had already been made. Skase then demanded the board give him a pay rise, and threatened to resign if he did not receive it. In the end, Skase was more than $700 million in debt. He was charged briefly arrested and spent a night in jail. However, he was subsequently released and allowed to regain his passport."

The sensible thing would be to charge the judge $700 million.
Posted by nicknamenick, Friday, 23 November 2018 10:53:05 AM
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Foxy yes even a few minutes research will uncover reasons we should be unhappy with
CURRENT from NSW one magistrate is charged with over sentencing far too many.
NSW Police let a man on parole for sexual assault walk free after another charge
He is before the courts for? sexual assault of a seven year old child
Nothing is to be gained by our justice system failing to deliver the level of justice we demand
Posted by Belly, Friday, 23 November 2018 10:57:49 AM
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Dear Belly,

I think that what mhaze has suggested is excellent.
What do you think?
Posted by Foxy, Friday, 23 November 2018 4:40:44 PM
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