Friday, August 20, 2010

Justice Simon Whelan

His name in the subject line should get his and some other attention. While I just blather on in my blog, I have realised that I have some power in what comes up when people googly search.

The story is here.

So I ask Justice Simon Whelan, how does a stomp to someone's head who has already undeservedly been punched to the ground, such as Cain Aguiar's, not be considered murder and not punishable by perhaps a thirty or forty year gaol term rather than a seven year gaol term?

Did Fostar Akoteu not know what the end result of kicking or stomping on someone's head could be? I am sure he did.

I can almost understand what drives someone to punch someone in the face. I cannot understand what would drive someone to actually want to kill someone by stomping on their face.

The Public Prosecutor can only appeal on points of law, so far as I understand, but if ever there was a case for an appeal for a more severe sentence, this is one of them.

Cain was a nice looking guy, but regardless, even if was butt ugly, I would feel the same. I apologise to Cain's parents in Canada for what most Australians with any sense would agree is a woefully inadequate sentence.

As for Justice Simon Whelan, well he no doubt lives in an insulated world where such things don't happen. The worst that has happened to him was when his Melbourne Grammar educated son was caught on public transport without a ticket or when his Merc or Beemer was caught by a speed or redlight camera. Never trust me with the facts, his son could be a Scotch boy.


  1. Google search works well with your tags too.

    It makes me sick that these people get off with such a light sentence, they should be locked up and serve the maximum sentence, no parole option. Because you're right, it's not as if they didn't know that stomping on someone's head wasn't going to cause such horrific injury, if not death. Grrrrr.

  2. Fen, it is said that you need to hear the evidence presented to the court, and I think you do generally, but this case just seems so black and white.

  3. Whelan is a Mick name so let's go with Scotch, neck-in-neck with Grammar (historically) for perverted practices on school property I might add.
    7 years is disgusting. compare it with 20 for dope in rat-infested Kerokoban where the inmates have to buy their food.
    Fostar is a Samoan and they are very weak with the Fire-water.
    Why isn't he immediately deported back to his sunny native homeland anyhow. Natives and savages.

  4. Luv ya Ann. You always cut to the chase. They may well have pieces of paper that say they are Australian. I need to think about that.

  5. Anonymous9:16 am

    Justice system needs to take these bashing crimes resulting in death seriously and sentence to anyone convicted of such a crime to a minimum of 20 years with no parole. So that the message gets out to all and sundry this type of crime will not be tolerated.

    It's seems to be all about the criminal and not the victim.

  6. I don't like mandatory sentences Anon, but it should be at least twenty years for killing someone by a deliberate action. Physical violence should not be tolerated at all, full stop.

  7. Fully agree - 7 years is not a sentence for murder. And fair's fair, you stomp on someone's head, if you don't kill them, high likelihood of brain damage, and in reality, death or brain damage, the victim didn't deserve either.
    Give me a break; I don't think justice was served with a 7 year sentence.

  8. Raelene, why are sentences always so out of line with what people generally think, usually in favour of the guilty?

  9. this case was clear cut. minimum 5 witness'
    not too mention that the have a history of drug and alcohol abuse.
    and they're photos were in books at footscray police station.
    earlier that week they had been kicked out of 2 pubs in yarraville

  10. Jackie, it looked awfully clear cut to me. We can only hope that there is a PP appeal. I feel for the cops too who meticulously collect the evidence and present a flawless case and then to see that result. Who could blame them for not trying so hard the next time.