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Payne Haas' family issues

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4,563
I don't know what point you're trying to make.

The sentence was handed down by a judge.

I don't know if it was the parole board or the judge who decided to let her out after serving just one month of a nine month sentence, but it was their decision and had nothing to do with QLD gov.

Are you arguing that the judge had no choice but to sentence her to nine months with a stipulation she must be released after serving just one month behind bars?

If she served the full nine months then three people would still be alive.

The cops refused to charge her a few years ago after she stalked a woman at a park, stole her phone then vandalised it by stomping on it.

She physically attacked a delivery driver and a woman at a Valleys Diehards juniors game.

This woman is a repeat offender and should never have been given leniency by the courts.
Was there a non parole period set though as that is quite unusual to only serve 1 month of a 9 month sentence.

I understand courts set a non parole period even for sentences of less than 1 year i.e the non parole period is the prison term the offender must serve in prison before being eligible for parole.
 
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4,563
Not sure the allegation of manslaughter will stick though? - My knowledge of this area is people in similar circumstances being charged with allegedly dangerous operation of a vehicle causing death.

It is such a very very sad case with 3 folk's lives allegedly ended by the alleged actions of someone that should in all intensive purposes still be in jail allegedly.
 
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14,822
Was there a non parole period set though as that is quite unusual to only serve 1 month of a 9 month sentence.

I understand courts set a non parole period even for sentences of less than 1 year i.e the non parole period is the prison term the offender must serve in prison before being eligible for parole.
I have no idea. God knows how many other violent recidivist criminals are walking around SEQ.
 
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4,563
I'm not arguing that at all.

I'm saying that any time anyone blames 'the system' for these things, they inevitably have absolutely no idea how 'the system' actually works - whether that be blaming the judge who sentenced a defendant at the sentencing hearing, the parole hearing who let someone out, the bail hearing who set bail, whatever.

There is a whole series of events that goes into ANY legal decision, whatever law or Act it's made under, and there are a whole mess of people involved in the events leading up to that decision. Parole isn't chucked around like confetti, for eg, there is a hearing before whatever the relevant body is in each state or territory where the case must be made for release.

Are you suggesting that we do away with parole or 'good behaviour' entirely because a handful of offenders reoffend before their initial sentence is complete?

Who's to say they don't do the same or worse once it is anyway? Who's to blame then? Some people are just awful.
The Parole system will come under scrutiny again over this case as people will rightfully ask how someone sentenced to a 9 month term could be released after 1 month.

Sure the crime she was sentenced for originally has no comparison at all to this alleged crime but parole boards do have a duty of care to the general public when granting offenders parole.

Did 1 month in prison rehabilitate the offender to the extent of them not transgressing again as they would take into account the offenders criminal history also in determining this.
 

Tiger5150

Bench
Messages
3,480
Not sure the allegation of manslaughter will stick though? - My knowledge of this area is people in similar circumstances being charged with dangerous operation of a vehicle causing death.

It is such a very very sad case with 3 folk's lives allegedly ended by the alleged actions of someone that should in all intensive purposes still be in jail allegedly.

For all intents and purposes.......smh.
 

Tiger5150

Bench
Messages
3,480
For all intents and purposes” is an example of tautology, which is an intentionally redundant phrase.

Actually "for all intents and purposes" is a phrase from British law with a very specific purpose and meaning. For intensive purposes is a shibboleth used by ignorant people to notify others that they are ignorant.

It meets the requirements of that purpose very intensively.
 

Diesel

Referee
Messages
22,972
The Parole system will come under scrutiny again over this case as people will rightfully ask how someone sentenced to a 9 month term could be released after 1 month.

Sure the crime she was sentenced for originally has no comparison at all to this alleged crime but parole boards do have a duty of care to the general public when granting offenders parole.

Did 1 month in prison rehabilitate the offender to the extent of them not transgressing again as they would take into account the offenders criminal history also in determining this.
It’s always typical that the system comes under review after something horrible has happened when 99% of the public k ew it was already broken before hand
 
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4,786
Gonna take a wild guess that people getting released early or repeat offenders simply getting bonds is down to the almighty $$$. Too many crims and not enough resources available to keep them off the streets.
 
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4,563
Actually "for all intents and purposes" is a phrase from British law with a very specific purpose and meaning. For intensive purposes is a shibboleth used by ignorant people to notify others that they are ignorant.

It meets the requirements of that purpose very intensively.
Ignorant people only think there is only British law though
 
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14,822
Murder, attempted murder and manslaughter
These are considered to be the most serious types of crimes against a person.

Anyone who commits murder, attempted murder or manslaughter can be sentenced to life in prison. However, courts can decide on a shorter prison term.

Murder

Murder—also called homicide—is the wilful killing of a person with intent to kill or cause grievous bodily harm. However, it does not include dangerous driving causing death—the unlawful killing of a person as a result of dangerous or negligent driving without intent to kill. This is a different offence and has a maximum penalty of 14 years in prison.


So the most she'll get is 14 years if she's found guilty?
 
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14,822
Magistrate Ron Kilner sentenced Joan Taufua to a nine month custodial sentence with parole after one month for punching a security guard and spitting on another at the The Star Crown Casino.

Four years earlier she assaulted a delivery driver in a McDonald's car park, leaving him with a fractured cheekbone. For that assault she was given a 2 year prison sentence with immediate parole.

 

borisdog

Juniors
Messages
139
Except that's not how the law, law reporting, or legal language works.

She was allegedly driving the vehicle with a suspended license. Those are the facts at hand. Simple really.
I have no problem with “allegedly driving the vehicle”.

What I do have a problem with is the “allegedly driving with a suspended licence” Poorly worded and wishy washy. Which is why I wrote what I did as an alternative.

If her license is suspended then that is a fact. That‘s simple too.

Journalists can research this, and have access to many records. A fact on record is a fact.

Semantics, but that’s English for ya.
 
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