Shoutbox

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Originally posted by Anubis
It depends on the crime, however if the person has commited murdur I think that Life Imprisonment is a decent punishment. However accedental man slaughter doesn't deserve life, however it could be said that normal man slaughter does warrent life; also killing in self defence (if proven) doesn't warrent life.
Again, it's hard to just give one sentence for taking a life, there's a lot more to each case than that..

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Self defense is a legitimate "complete defense". Complete defenses (If the prosecution cannot disprove them; i.e the burden of proff is on the prosecution) result in the aquital of the accused. Therefore if accepted by the court, a defense of self defense will result in a not quilty verdict being returned.

As for manslaughter, many jurasdictions in the western world place a legislative maximum on the sentence for manslaughter. In Australia for example, the maximum penalty is 25 years. A judge usually cannot impose a life sentence for manslaughter.

I believe 40 years minimum certainly isn't enough for Ian Huntley. His crimes are horrendous, and he doesn't deserve to be among us.

Lest it be, what if your girlfriend/boyfriend was his victim? I would imagine you would have no sympathy for him whatsoever.

Life imprisonment should mean just that, not 25 years or whatever finite number it is. If the court sentences someone to life imprisonment, it should not be simply an emotional term for something less severe.

Depends on the crime...but i belive something bad enough to deserve life should be life becasue it would have to be pritty bad although once you have been to prison you dont need life for it to ruin you life. I think it restricts you to go abroard etc. But life should be life becasue thats what it says dont it "LIFE"

Whats the situation in other countries on murder?

In Australia, mandatory sentencing dictates a compulsary LIFE sentence for ALL convicted of any murder.

Are you sure?? LOL!

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Originally posted by -rafy-
Whats the situation in other countries on murder?

In Australia, mandatory sentencing dictates a compulsary LIFE sentence for ALL convicted of any murder.

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Someone said that the life sentence in Australia means only 25 years, not the rest of your life (I sound like a Powerball ad), which is where the problem is IMO.

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Originally posted by rav0
Someone said that the life sentence in Australia means only 25 years, not the rest of your life (I sound like a Powerball ad), which is where the problem is IMO.

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it depends on what state you are in, and is determined by the judge that presides over the case, usually 15-25 years. however we do, in Victoria at least, have a 'life never to be released' sentence, which means you never get released

i believe in a life for a life. why should he/she get the pleasure of life, even if it is in a cell for the rest of their life. should be sent straight to their afterlife where they can be judged and sent to a bad place.

quote:

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Originally posted by rav0

quote:

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Originally posted by -rafy-
Whats the situation in other countries on murder?

In Australia, mandatory sentencing dictates a compulsary LIFE sentence for ALL convicted of any murder.

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Someone said that the life sentence in Australia means only 25 years, not the rest of your life (I sound like a Powerball ad), which is where the problem is IMO.

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Yeah i say it in an extensive post in this thread somewhere near the start of it.


The legeslation in NSW  is as follows:

· Section 19A Crimes Act:
· (1) A person who commits the crime of murder is liable to imprisonment for life.
· (2) A person sentenced to imprisonment for life for the crime of murder is to serve that sentence for the term of the person's natural life.
· (3) Nothing in this section affects the operation of s.21(1) of the Crimes (Sentencing Procedure) Act 1999

Subsection 1: This basically says that if you murder somebody you can get life imprisonment

Subsetion 2: This section was added in the Crimes Amendment (Sentencing proceedures) Act (NSW). It says that the punishment of Life imprisionment MEANS life imprisonment.

Subsection 3: This acts as a judical safeguard. This recgnises that not all crimes are the same, some murders may be worse than others. It protects the discretion of a judge to weigh up the facts of the case and impose a sentence within the sentencing guidelines. (This is what s21 of that Act refers to). Therefore Subsection 3 alows a judge to impose a life sentence that is not in fact a natural life sentence. That is; the judge may impose the 25 year definition of life, and impose a parole period.

It gives the judge discretion. But also says that those convicted of a murder that posseses certain characteristics should get life imprisonment (that is defined within the crimes Act) i.e after taking mitigating factors into account.

The common law precedents for this are:

Ibbs v The Queen (1987) 163 CLR 447, and,
Veen (No. 2) (1986) 164 CLR 465