Getting back to Junior, I was doing some research on the gaol population and it’s probably no surprise but about 1 in 5 prisoners are doing time for some kind of personal assault or violence to another.
That’s a significant and serious exposure to those with a pre disposition or history of violence compared to say the public exposure. The chances of getting mugged in gaol seem quite high.
I think we worked out earlier, there’s one person with a criminal conviction of some kind or another for every 77 punters. The chance of you bumping into a person who has just been released from gaol for a violent offence is very remote.
Probably some mental health issues happening with a proportion of these as well.
If he gets sentenced, the court may look at three things as to objective gravity mainly:
Firstly, the extent and nature of the injuries. As I understood it, they are significant but not life threatening as tradie ran away. But who knows? There were multiple injuries, he was pretty close to being very seriously injured, maybe worse I think. He fell in a lucky way. I’m glad he did.
Secondly, the degree of violence used and the ferocity of the attack. Well the reports say this is extensive. He could be in a higher range here. Not so good for Junior. They were running to their target. Junior is a fit young guy with in NRL condition. He would be scary with a hammer too.
Thirdly, the intention of the offender to inflict harm. Well going at tradie with a hammer and I read he hit him, or at least caused him to fall. He wasn’t up on the roof to help clear leaves. He seemed to up there as he intended something.
Then he talks about still getting tradie after he’s hit the air conditioning unit and is on the ground. Sounds like he’s done all that, looking at the damage and still intending to harm. Remember the other guy had to remove the ladder?
The added bit of being in company, I might look at that later. We know it adds a chunk to the maximum sentence, so it’s very serious.
So if he is guilty and the reports have a ring of truth about them, on the balance, I think the court is more likely to lock him up.
He doesn’t appear to be any kind of genuine chance for a light or lower end sentence, on objective seriousness grounds. I think he’s more mid range at best.
But that’s before looking at things in his favour and a number of other variables we dont know about.
Twill be what it will be, but if the reports are true, a realistic appraisal is a decent custodial.
I appreciate the first offence consideration, but it’s quite the first offence. Most murderers are first offenders for this type of crime I think.
If the tradie died…anyway I won’t go there.
He is entitled to the presumption of innocence at this time, but is on bail and is on no fault stand down. So this grand notion of presumption as a question of actual practice, well, you can make your own mind up.