Comments on: Trees win developer loses!

By: Sue Brooks

Sue Brooks — Sun, 14 Mar 2010 00:31:37 +0000

Me thinks it is time to call this thread Case Closed! Ta, Sue

By: Stanley

Stanley — Sat, 13 Mar 2010 22:36:54 +0000

Hi Patricia,
I have to ask. What kind of court have you been working in? Saudia Arabia? The Talibani Supreme Sharia Court – certainly not the Maryborough Magistrates Court? You say that the 3 most common punishments are ‘”fine, “sentence” and “EXECUTION”‘. Sureley community service ranks up there as well. How many people have you seen sentence to death?
This whole thread about what a sentence is a load of nonsense. the process of sentencing must include the full range of punishments including fines.
Stan

By: Bilbo

Bilbo — Sat, 13 Mar 2010 22:24:30 +0000

Patricia, The use of the term sentence in the media release is entirely correct. You seem to feel that you can pre-judge what the magistrate or judge is going to decide is the appropriate sentence. When a case is adjourned for “sentencing” that does not tie the hands of the magistrate or judge to imposing imprisonment. The sentence is still at her discretion, including fines and communithy service.
In her sentencing she can still order the offender pay a fine or undertake community service. To tie her hands to ordering imprisonment, as you suggest, is grossly unfair. The relevant section of the Penalties and Sentences Act 1992 is s45.

By: Sadman

Sadman — Sat, 13 Mar 2010 01:31:17 +0000

Patricia,

Please show a little commonsense. You have the dictionaries view, the fact that at least three people on this site understands, just you who doesn’t !!!

If we followed your suggestion we’d all be still grunting, society hasn’t to the best of my knowledge, got to the state of dumbng things done for the lowest common denominator.

Based on your post, maybe that is what is wrong with our legal system. You would have heard the old saying
“Lie down with dogs, get up with fleas”, perhaps our legal people should go back to the dictionary for their interpretations.

Sadman

By: Sue Brooks

Sue Brooks — Sat, 13 Mar 2010 01:29:03 +0000

Patricia I haven’t pointed out the wording issue to the media section yet but will do so today. So no one has refused to change it. But I fail to understand why you are so concerned about the use of this word. Council has absolutely no influence upon the courts so may I enquire as to what you refer? I believe the general public will interpret the word as I have which is – that the punishmant for the contractor is not yet decided.

By: Patricia

Patricia — Sat, 13 Mar 2010 00:41:57 +0000

Bilbo,
I’ve been a servant of the court for more years than I care to remember, and I have NEVER heard of anyone “sentenced” to a fine. Even if it was true, any media person worth their salt knows that you need to use terms that are familiar and recognisable to the common man. That’s why they don’t use complicated measurements and formulars – instead they use comparisons. For example – they describe water volumes as “3 times the size of Sydney Harbour”, and drink drivers as “3 times over the legal limit” etc. To say that someone is to be “sentenced” next week, leads people to believe that he will be jailed – not simply fined. It is poorly worded, and the fact that this has been pointed out to those responsible and that they refuse point blank to change it, just indicates that it was worded this way on purpose- or for a reason. I just hope that the “reason” isn’t what I’m thinking it is.

By: Sue Brooks

Sue Brooks — Sat, 13 Mar 2010 00:05:42 +0000

I agree Patricia that wording is in important but in the context of the media release in question I don’t believe an error has been made. I do believe the contractor will be ‘sentenced’.
Ben this should be a lesson that yes a contractor must check that he is not undertaking illegal activity. Surely this is just common sense. Everyone knows that tree clearing is restricted especailly those employed to remove it!

By: Bilbo

Bilbo — Fri, 12 Mar 2010 23:27:44 +0000

Sentencing is indeed the correct term for the context, Patricia. Sentencing is simply the part of the court proceedings after the finding of guilt. The result is a sentence. The sentence given to an offender can be a fine, community service, probation, restitution or imprisonment.

By: Patricia

Patricia — Fri, 12 Mar 2010 23:06:00 +0000

Sue, you say that the “wording” of a media release “doesn’t matter”, as long as it is released with the right intentions. That seems to be the very complaint that people are making regarding our council in general. It seems all too often, that as long as council “intend” to do the right thing, it doesn’t matter to them if they achieve their goal or not.
And to think that it was you who was complaining about the Chronicle a few weeks ago because of their “wording” and even going so far as to call for all council advertising to be removed and given to The Indy.
Very, very poor form Sue. I cannot express how disappointed I am in you.

By: Sadman

Sadman — Fri, 12 Mar 2010 22:57:51 +0000

Sue,

I thank you for your research, I had begun to doubt my memory.

Sadman