‘Compassionate’ sentence on life parolee

Press, 24 May 1985, Page 8

‘Compassionate’ sentence on life parolee

A man who has been on parole for four year after serving 10 years of a life prison sentence was yesterday sentenced in the District Court to three months non-residential periodic detention for an incident in which he held captive a teen-age girl in a room of their house for five hours while he was armed with a knife.

The incident, on April 19, stemmed from the defendant’s being visited by two social workers who were making inquiries into allegations made by the girl which involved the defendant.

The allegations by the girl, who is a relative of the defendant by a de facto relationship, were later found to be untrue. The defendant became distressed and angry when the allegations were made and held the girl in a room, and had a kitchen knife. The police were called and tried to persuade the defendant to release the complainant and give himself up. He held her in the room for five hours before complying with the requests. He later told the police he had needed time to think things out.

When the defendant appeared for sentence yesterday on a charge of assaulting the girl Judge Palmer said he had taken as compassionate a view as he could of the whole situation. He said he could not accede to requests by defence counsel (Mr M. J. Knowles) for a discharge without conviction or a deferred sentence, ( because of the way the defendant had prolonged the incident. He would have considered these options for sentence had the defendant released her in the initial stages. The Judge suppressed the name of the defendant and the girl in the interests of family solidarity and the constructive efforts being made to resolve the stresses

and difficulties through counselling.

He said the defendant had taken the law into his own hands and held the girl captive for five hours while armed with a kitchen knife, after hearing allegations made by her which were later found to be groundless.

The Judge said he could readily understand the intensity of the defendant’s resentment, anger and indignation at the complaint made, when it was groundless.

The defendant had been a parole prisoner since his release in 1981 from a life term of imprisonment. Apart from this incident he had led a model life since his release and had “reintegrated” into the community in a way which was constructive and highly commendable. It was not a case in which the defendant’s recall to prison should arise, because he could understand the feeling which caused this incident to develop, the Judge said. The Judge referred to “glowing” testimonials submitted on the defendant’s behalf by his employer, and said he had made commendable efforts in his selfrehabilitation. Mr Knowles had submitted in mitigation of penalty that the defendant had been unable to deal with the situation as a person of more equable temperament would have. The case involved a family matter and might never have reached the Court if counselling and other facilities of the Family Court had been available. Mr Knowles referred to the defendant’s efforts in rehabilitation and to his being a good worker, good family man, and with a commendable attitude to life in general. Sergeant G. C. Jones, appeared for the police.