and this bullshit defence of dimished responsibility when drunk or on drugs, or temporaryily insane. get rid of it. you are responsible for your actions... and the victims of crime dont suffer any less because of your alcohol level or level of intelligence at the time.
The courts still hold an intolerance to whether or not a person was substance affected at the time of offending. The excuse of "I was drunk" doesn't cut it with magistrates or judges. As for temporary insanity, it's a very very very hard one to get up on. I believe that only once in Victorian legal history the defence of temporary insanity has actually had someone acquitted.
and this under 18 rule where your record is clear no matter how much of a young criminal you were. old enough to do the crime? old enough to be held responsible for your actions for the rest of your life. criminal history sticks with you.
Would you believe there are young offenders (under 18) in and out of the courts every week? They don't care and turning up to court is like a social outing for them because they run into all their crook mates. The thing is, they know well and trully that they can play around and do what they like before they're 18. I see a lot that once they turn 18, they go quiet. It's as if they realise that while under 18, that's their play time.
society has gone to **** because everyone is looking to avoid responsibility. give coppers more control and power. give teachers the ability to use the cain again. tough love worked in the past.... but now society is turning 'wild' because of these hippy 'dont smack kids because it'll lower their confidence' crap.
We now live in an age where young people have no fear or respect for authority. When I was teenager (not all that long ago) if I was spoken to by police in the street while walking from party to party, obviously having a few beers on the way I pinched from my dad's fridge I'd be like, "Yes sir, I'll tip this drink out right now and go home. I'm very sorry". These days on the job I get, "F**k you! You can't tell me what to do, I know my rights! I can do whatever I want!". When I was at school we'd never dare to speak back to a teacher let alone raise our voice at one. As I was nearing the end of high school I started to notice other students getting braver and speaking back, now they go as far as physically attacking teachers.
I've seen a printout of a repeat road offender, he had three frickin sheets of offences, most were DUI or driving unlicensed, and he still wasn't in jail. There were literally about 40 offences on those sheets. WTF!!! We need to go back to the old days where most magistrates were ex-cops, then we will likely see punishments handed out, none of this hand-holding crap.
Try six counts of armed robbery in the one hearing plus history. He walked away with a community based order.
However I must commend one of my close colleagues doing a great job having a "well known Narre Warren youth" remanded into custody (as in locked up in a prison cell) for three weeks following charges arising from "an out of control party".
