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Postings To Date
24th March 2010
How Much Is A Life Worth In W.A.
On Thursday 18th March 2010, Mr. Dennis Reynolds, Children's Court President, sentenced a 15 year old to nine months detention for assaulting and robbing a former schoolmate of 40 cents.
One could be forgiven for thinking that, at last, our judiciary are seeing the light and are starting to toughen up, and hopefully that is the case. However, that sentence left me wondering just how much my son's life was worth in the eyes of our judiciary.
Arran's killer (a 17 year old) was only given a six month SUSPENDED sentence, and that was handed down in the DISTRICT court.
Does that mean my son's life was worth LESS THAN 40 cents?
That is how I see it !!!!!!
I am sure I am not alone in my perception, as there others within our group who will be looking at this from a similar postion. Steve Robinson and Ronnie Rowe in particular, I am sure. will be struggling to come to terms with such a disparity.
What do YOU think ?
Simon J. Barr
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13th December 2009
Re: Steven Rowe
The Supreme Court's decision to release Steven Rowe's killer back into the community, not only denies the victim's family of any acceptable form of justice, but, in my view, totally incapacitates the new "One Punch" law - Unlawful Assault Causing Death. This law allows for a maximum term of ten years imprisonment.
It is my understanding, that the reason we currently have such lenient sentences handed down by the courts is because of progressive established precedents. Steven's killer was only the second person to be sentenced under the new law, a law which, supposedly, was meant to address the the shortcomings of our antiquated and ineffective judicial system.
The sentence imposed on Steven's killer, in conjunction with the meagre three and a half years imposed on Mr. Zyrucha last week, means that, effectively the precedent for sentencing in relation to this law is already at a level of less than one third of the potential maximum liability. THIS IS NOT ACCEPTABLE.
I acknowledge I am only a simple layman, but I am really struggling to understand some of Justice Heenan's remarks during sentencing. For example:
Having regard to the evidence, this must mean that the
jury was not satisfied that the death of Steven Rowe was an event which
had not occurred by accident. Ref: INS 93 of 2009, Page 4, Paragraph 3
Really !!!, It seems to me that the only conclusion that can be drawn from the jury's verdict was that they were compelled to find this young man guilty of SOMETHING, which he obviously was.
As with all offences which involve causing the death of some other
person, the court must acknowledge the enormity, the irreparable
consequences and the stark tragedy of this death and the deep
bereavement of the family and friends of the deceased. Ref: INS 93 of 2009, Page 4, Paragraph 5
Steven's death has left a void that can never be filled and I do not for the moment expect that expressions of sympathy, which naturally must be felt by all, will in any way diminish the family's loss. The enormity of these consequences in all their magnitude must be recognised and respected. Ref: INS 93 of 2009, Page 14, Paragraph 32
Where is the acknowledgement and recognition in this instance ?????
Nor do I consider that I should accept that JWRL has shown no signs
of remorse or regret about what happened. There was evidence to the
effect, and I accept, that very soon after the episode on the pathway, when
JWRL was picked up on a nearby street by friends in a car and was then
taken to the house where his other friends had been waiting for him, he
was very concerned and shaken about what had happened and feared that
he might have killed Steven Rowe. He said as much to his friends. Ref: INS 93 of 2009, Page 21, Paragraph 51
Granted, I only attended the last nine days of the trial, but I personally, never saw Steven's killer showing ANY signs of remorse, except possibly when it became clear that he was going to be held in detention pending sentencing. Remorse for HIMSELF, as I suspect was the case in the examples referrerd to by Justice Heenan above.
This new offence reinforces community expectations that violent attacks, such as a blow to the head, are not acceptable behaviour and will ensure that people are held accountable for the full consequences of their violent behaviour. A person convicted of this offence will be liable to a penalty of 10 years' imprisonment. Ref: INS 93 of 2009, Page 10, Paragraph 20
The intent of the new law is quite clear. That is what the public excpects, it is I believe what parliament expects, and it is what we the public DEMAND.
Simon J. A. Barr
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9th April 2009
Re: Arran Brodick Barr
My son's killer walked free from the district court on Tuesday 7th April 2006, after recieving a six months suspended sentence. Once again, the justice system in this state has failed miserably in providing the sort of justice the community expects and deserves.
A large part of my frustration with the current system revolves around the fact that the system effectively failed to recognise the true full extent of Arran's injuries, and in effect deemed that his injuries were NOT GRIEVOUS. In Arran's case, the jury retired to consider their verdict based on the evidence that had been presented at trial, and obviously heavily influenced by the presiding judge's closing summary and instructions.
Those instructions heavily emphasised the need for the jury to satisfy themselves of the "Foreseeability" of Arran's resultant injuries.
Obviously I am devastated by this pitiful sentence, but I recognise that there is no more I can do for my son.
I can however continue the fight to achieve the necessary reforms that will hopefully result in real justice in the future.
I have set up an online petition targeting what I believe to be the areas that need to be reviewed, at least as they applied in Arran's case
You can access the petition by clicking the link below:
http://www.gopetition.com.au/petitions/improve-our-justice-system.html
Your support would be greatly appreciated.
Simon J. A. Barr
Treasurer
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15th January 2009
Re: Truth In Sentencing
As from today, anyone sentenced for a crime in Western Australia will NOT recieve an automatic reduction as would have been the case when the Truth In Sentencing legislation was in place. Good riddance to what must surely be the most ridiculous piece of legislation ever created, --- ANYWHERE.
Alston, the cartoonist for The West Australian today described perfectly the situation this piece of legislation created in Western Australia. Click the link below to view his cartoon.
http://www.thewest.com.au/default.aspx?MenuID=55&ContentID=118278
Simon J. A. Barr
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3rd December 2008
RE: Sentence Handed Down To Killer Of Mr. Bill Rowe
Another example of a totally ludicrous sentence meted out by a system in crisis. My heart goes out to Mrs. Ellen Rowe and her family. I have been waiting since March 2006 to see justice for my son Arran. Arran’s killer is yet to be sentenced, and won’t be until April next year. All this time, I’ve been preparing myself for that day, knowing that justice will NOT be served. The sentence handed down to the killer of Mr. Rowe only serves to reinforce that terrible sinking feeling I have in my gut, every single day.
When are our politicians ever going to waken up to the fact that perpetrators of crimes resulting in the loss of a human life, deserve to be PUNISHED? When are our politicians going to change the system to ensure that the perpetrators of such crimes are punished first, and then given the opportunity of rehabilitation?
When are we going to get a politician who has the guts and determination to do what is necessary to put a halt to this wanton carnage? Mr Barnett, forget sinking the railway between Northbridge and the city, forget the new footy stadium. Spend the money where it’s really necessary. Start by implementing a major review of our laws and our legal system. Make WA great again. Make WA a safe, enjoyable place to live. Protect your constituents by putting in place laws and sentencing regimes that provide real justice AND deterrents.
What is the bloody point of spending billions of dollars in refurbishing our city, a city where nobody is safe, a state where the criminals have the upper hand. Spend the money on fixing the system. Toughen the laws. Have the guts to send these animals away for a very long time. Build the bloody prisons. Reinforce the police. Empower them.
I have a vision. My vision is of a society protected by a well staffed, well resourced police force, that operates under a zero tolerance policy. My vision is of a society protected by laws and sentencing procedures that guarantee that nobody can take a life without taking responsibility for their actions and subsequently serve an adequate period of imprisonment.
My vision is of a society that lives without fear of wandering hordes of incalcitrant youths hell bent on creating as much mayhem as possible.
Sadly, that’s all it is —— A vision !
Simon J. A. Barr | 
