Bourke Street Part Deux


#524

The jury decided that he was fit for trial, on the basis of expert opinions submitted to them.
His mental state may be put forward in consideration of the length of sentence.


#525

Aaaand the ripple effect:
A homless guy attacks one of our female saudi students, basically where Friday went down, the husband angry, wondering why the police cant arrest the guy straight away, after happening for the second time in two days…


#526

Too busy


#527

" Runcible " is a nonsense word invented by Edward Lear. The word appears (as an adjective) several times in his works, most famously as the " runcible spoon" used by the Owl and the Pussycat.

Doing my bit.


#528

Madness


#529

It’s a perfectly cromulent word.


#530

Please accept my deepest contrafibularities


#531

■■■■■■■.


#532

Accepted under begrudgement.


#533

I’m anaspeptic, frasmotic, even compunctuous to have caused you such pericombobulation


#534

:face_with_raised_eyebrow: I think you just had an intermittent short circuit of the fundamental orifice …


#535

ha - one of the best episodes


#536

Wait for it, he’ll appeal and play the mental health card.


#537

Already been played, and quashed.

His attempts to have himself ruled ineligible to stand trial took longer than the trial itself, they were ultimately futile.


#538

Gargasoulas guilty, but how will he be sentenced?

Farrah Tomazin 14 November 2018 — 12:05am

Now that a jury has found James Gargasoulas guilty for the Bourke Street rampage that killed six people and injured 27 others last year, attention turns to how long he is likely to be jailed.

What kind of prison term do you give a mentally unstable citizen responsible for such a senseless tragedy, when there are so few precedents to compare?

And if Judge Mark Weinberg hands down a life sentence, as the community expects, would it come with parole period, or would Gargasoulas never taste freedom again?

James “Dimitrious” Gargasoulas arrives at the Supreme Court in Melbourne, FridayAAP

The closest case that provides some clues is the Hoddle Street massacre, in which a young Julian Knight embarked on a shooting spree in Clifton Hill in August 1987, killing seven people and injuring 19 others.

Knight, now 50, is currently serving seven concurrent sentences of life imprisonment, with a non-parole period of 27 years. He was meant to be released in 2015, but retrospective state legislation has meant his parole applications have been knocked back.

Sentencing expert Mirko Bagaric says this case provides the nearest comparison to the 2017 Bourke Street tragedy because both were heinous acts "involving large numbers of people being killed in one transaction” – as opposed to, for example, serial killers who commit their crimes over successive weeks.

But Knight’s shooting spree appeared more premeditated – he bought firearms, purchased bullets, put on certain clothes for the occasion – and he pleaded guilty to his actions with no signs of remorse.

Hoddle Street killer Julian Knight lost an attempt to have a law keeping him in jail overturned.

Gargasoulas, on the other hand, pleaded not guilty to six counts of murder and 27 counts of reckless conduct endangering life, yet told the court this week: “I apologise from my heart. But that will not fix anything. Neither will a lengthy sentence for what I’ve done.”

Gargasoulas’ mental fragility will also be a significant mitigating factor, says Bagaric, a professor of law at Swinburne University and a renowned authority on punishment and sentencing.

This was highlighted on Monday, when Gargasoulas delivered a 14-minute rant to the court peppered with references to the Illuminati, comets hitting the Earth, and government oppression.

However, the extent to which the 28-year-old’s mental state was drug induced – or even exaggerated for the courts – will also shape the final sentence.

“I believe he’ll get a life term," says Bargaric, “but it just depends on whether or not he gets a parole period.”

Whatever the case, criminal lawyers privately say that Judge Weinberg now faces a difficult balancing act, with a “public baying for blood” on one side, and the rule of law on the other.


From Coober Pedy to Bourke Street: how James Gargasoulas became a monster

On Tuesday, though, it took a Supreme Court jury less than an hour to find Gargasoulas guilty for the shocking events of January 20 last year, in which he deliberately ploughed into pedestrians as he drove a stolen car through the centre of Melbourne’s CBD.

Had his trial been conducted in the US, there’s every chance he could have been sentenced to multiple life terms. However, Australia’s legal system is based on the principle of totality, which means that even if someone is found guilty of multiple offences, they tend to be served concurrently.

Adrian Bayley in court during the Jill Meagher trial.Justin McManus

Multiple murderer Paula (Paul) Denyer, for instance, is currently serving three consecutive sentences of life imprisonment with a non-parole period of 30 years for the murders of three young women in Melbourne in 1993.

Adrian Bayley was sentenced to life, with a non-parole period of 35 years, for the rape and murder of Jill Meagher. And Robert Farquharson, who drove his three sons into a dam on Father’s Day in 2005, is serving a life sentence with a non-parole period of 33 years.


#539

■■■■ yeah. i’m on board with this. get off your phone whilst driving you numpties.


#540

Sausage? sausage!!!


#541

Easy decision. Life without parole.


#542

I’d prefer parole without life in his case.


#543

Doh!