Kapunda Killer

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Re: Kapunda Killer

Postby Booney » Wed Mar 28, 2012 3:26 pm

HH3 wrote:
Booney wrote:By law his age, guilty plea and previous record must be taken into account during sentencing.


Being 20 now, he was already at least 18 when the murders took place, so age probably won't be an issue.

He pleaded guilty, but still maintained his innocence to the police, his mother and his brother. Which means he either lied to a judge or a police officer.

I dont think previous record counts for much when you slaughter a family...


It is at the time of the offence and it must all get taken into account.
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Re: Kapunda Killer

Postby HH3 » Wed Mar 28, 2012 3:38 pm

Booney wrote:
HH3 wrote:
Booney wrote:By law his age, guilty plea and previous record must be taken into account during sentencing.


Being 20 now, he was already at least 18 when the murders took place, so age probably won't be an issue.

He pleaded guilty, but still maintained his innocence to the police, his mother and his brother. Which means he either lied to a judge or a police officer.

I dont think previous record counts for much when you slaughter a family...


It is at the time of the offence and it must all get taken into account.


Yeah, I mean at the time of the offence he was 18. At the time of the offence he made up a story about another bloke doing it, at the time of the offence he had just stabbed 3 people over 100 times between them and sexually assaulted a teenage girl. Dont think they have any reason to go easy on him...
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Re: Kapunda Killer

Postby Booney » Wed Mar 28, 2012 4:02 pm

Mate, I agree there should be no leniency, I'd shoot him myself, but I didn't write the laws and the judge must consider them.
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Re: Kapunda Killer

Postby overloaded » Wed Mar 28, 2012 4:09 pm

This is where the system sucks! He gets 10% off for a guilty plea for starters

Bring back the death penalty!!! Wheres WCP?

What would he get in America for this?
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Re: Kapunda Killer

Postby mighty_tiger_79 » Wed Mar 28, 2012 4:15 pm

[quote="overloaded"]This is where the system sucks! He gets 10% off for a guilty plea for starters

Bring back the death penalty!!! Wheres WCP?

What would he get in America for this?[/quote]

3 life sentences

where life sentences mean life, well at least they used too
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Re: Kapunda Killer

Postby overloaded » Wed Mar 28, 2012 4:22 pm

mighty_tiger_79 wrote:
overloaded wrote:This is where the system sucks! He gets 10% off for a guilty plea for starters

Bring back the death penalty!!! Wheres WCP?

What would he get in America for this?[/quote]

3 life sentences

where life sentences mean life, well at least they used too

we follow america in so many things. why not law?

3 life sentances sounds good to me, and serve them. Not in Aus, 25 years probably :roll:
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Re: Kapunda Killer

Postby Psyber » Wed Mar 28, 2012 4:29 pm

I wonder if a lawyer can drum up support for an insanity plea...
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Re: Kapunda Killer

Postby Booney » Wed Mar 28, 2012 4:31 pm

Psyber wrote:I wonder if a lawyer can drum up support for an insanity plea...


Not when he has pleaded guilty so readily.

His "not-guilty" plea's have not been in the court room, only in intercepted correspondence from his cell to people outside.

I dont believe he ever entered a not-guilty plea via his solicitor.
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Re: Kapunda Killer

Postby westcoastpanther » Wed Mar 28, 2012 4:34 pm

I'm here, and my trigger fingers itchy.....
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Re: Kapunda Killer

Postby HH3 » Wed Mar 28, 2012 4:35 pm

Yeah too late now I think. The prosecutor gave him a chance when he made him re-submit his plea.

Because of the conflicting reports coming from police and family that he was still changing his story, I think the prosecution wanted to make sure he was only pleading guilty to get a reduced sentence. If he plead "not guilty" and lost, his sentence would be a bit harsher.
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Re: Kapunda Killer

Postby GWW » Wed Mar 28, 2012 4:36 pm

Whilst those "non guilty" claims weren't "official", I would still expect the Prosecution to push for the Judge to take them into account when setting the sentence.
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Re: Kapunda Killer

Postby Psyber » Wed Mar 28, 2012 4:38 pm

Booney wrote:
Psyber wrote:I wonder if a lawyer can drum up support for an insanity plea...
Not when he has pleaded guilty so readily.
His "not-guilty" plea's have not been in the court room, only in intercepted correspondence from his cell to people outside.
I dont believe he ever entered a not-guilty plea via his solicitor.
I think a good lawyer may be able to argue, perhaps, that pleading guilty initially - even twice - was supporting evidence of the insanity, in that he did not comprehend the nature of the situation.
I once assessed someone who pleaded guilty to shop-lifting and the Magistrate declined to accept the plea until she was medically assessed.
She was so befuddled even the Magistrate could see it at a glance.

PS: I'm not making a case that this guy is mentally ill - just speculating on possible future developments once he has legal advice.
Last edited by Psyber on Wed Mar 28, 2012 4:39 pm, edited 1 time in total.
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Re: Kapunda Killer

Postby BIG SEXY » Wed Mar 28, 2012 4:39 pm

overloaded wrote:
mighty_tiger_79 wrote:
overloaded wrote:This is where the system sucks! He gets 10% off for a guilty plea for starters

Bring back the death penalty!!! Wheres WCP?

What would he get in America for this?[/quote]

3 life sentences

where life sentences mean life, well at least they used too

we follow america in so many things. why not law?

3 life sentances sounds good to me, and serve them. Not in Aus, 25 years probably :roll:


should we then follow with the american health system? what about the stand your ground legal defence....
terrible argument for this case in my opinion. lock the kid up for sure but lets not go overboard with death penalties etc.
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Re: Kapunda Killer

Postby Barto » Wed Mar 28, 2012 5:24 pm

Psyber wrote:I wonder if a lawyer can drum up support for an insanity plea...


Well yeah, he really sounds sane. :roll:

Having said that, he should go away for life.
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Re: Kapunda Killer

Postby Q. » Wed Mar 28, 2012 5:25 pm

overloaded wrote:we follow america in so many things. why not law?


Because that country is ******. Worst rate of recidivism among OECD countries. No thanks.
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Re: Kapunda Killer

Postby overloaded » Wed Mar 28, 2012 5:26 pm

easy for you to say BS, what if it was your family?

Whats wrong with the american health system?

pull the ferken trigger WCP :shock:
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Re: Kapunda Killer

Postby Q. » Wed Mar 28, 2012 5:33 pm

overloaded wrote:Whats wrong with the american health system?


For one, it's expensive and out-of-reach for most people.
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Re: Kapunda Killer

Postby Barto » Wed Mar 28, 2012 5:34 pm

Q. wrote:
overloaded wrote:Whats wrong with the american health system?


For one, it's expensive and out-of-reach for most people.


Survival of the rich.
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Re: Kapunda Killer

Postby overloaded » Wed Mar 28, 2012 5:56 pm

BOO HOO.

At least they give criminals what they deserve
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Re: Kapunda Killer

Postby Jim05 » Wed Mar 28, 2012 6:22 pm

overloaded wrote:BOO HOO.

At least they give criminals what they deserve

Yep.
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