Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.


 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate

Subscribe!
Subscribe





On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.
___________

Syndicate
RSS/XML


RSS 2.0

Sentencing our youth versus rehabilitation

By Sebastian De Brennan - posted Wednesday, 8 February 2006


  • the driver of the car had only held her P-plates for a mere 10 days;
  • the magistrate had some serious questions as to the safety of the car she was driving in the accident;
  • a witness gave evidence that he had seen another car driving in the opposite direction on the wrong side of the road immediately prior to the crash;
  • the other two girls involved in the accident who sustained injuries indicated to the Court that they had forgiven the driver and, in fact, cried when the magistrate announced the penalty; and
  • the driver last month made an apology to the parents of the deceased who was, after all, a close friend of hers.

Significantly, the defendant had given evidence, ultimately accepted, indicating that she had relived the accident every day, which in itself is probably a more potent punishment than any jail sentence is likely to achieve.

Given the weight of mitigating factors, one wonders about the utility of sentencing a young girl to jail (or the “university of crime” as it has been called in Australia). Arguably there is ample scope for rehabilitation for the perpetrator here. One young life has already been wasted in tragic circumstances - let’s not lose another one.

Advertisement

The driver has a responsibility to society to make amends for her wrongdoing. With the support of her family and the community, I think this is not only possible, but also eminently sensible.

That said, should she ever make the same mistake again, the Courts will have every entitlement to hand down a penalty of thunderous proportions.

I understand that the defendant has appealed her sentence. I wish her and the family of the deceased well.

  1. Pages:
  2. 1
  3. Page 2
  4. All

Article edited by James Walker.
If you'd like to be a volunteer editor too, click here.

First published in the Mosman Daily on January 19, 2006.



Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

55 posts so far.

Share this:
reddit this reddit thisbookmark with del.icio.us Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Author

Sebastian De Brennan is principal of De Brennan & Co. Consulting and teaches in the College of Law & Business at the University of Western Sydney and the School of Business at the University of Notre Dame Australia.

Other articles by this Author

All articles by Sebastian De Brennan

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Article Tools
Comment 55 comments
Print Printable version
Subscribe Subscribe
Email Email a friend
Advertisement

About Us Search Discuss Feedback Legals Privacy