WOW. Two weak decisions, by soft *smile* judges on the same day.
http://www.geelongadvertiser.com.au/article/2009/02/05/48571_news.html
No remorse but Russell Riches' attacker walks free
Karen Matthews
February 5th, 2009
VIOLENT PAST: Luke Anderson has a criminal history and felt no remorse for assaulting Russell Riches yet a magistrate let him walk free on a three-month suspended sentence. Photo: GLENN FERGUSON
LUKE Anderson, the man who delivered the kinghit which left former Olympian Russell Riches fighting for life, has walked free from court on a suspended sentence.
Outraged son Dan Riches said the family was devastated by the "lenient" sentence and would press for an appeal.
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"If the community is speaking out, if everyone is upset and angry about the violence and wants it to stop, tell me why won't our judicial system do something about it," he said.
Russell Riches was assaulted outside the Gold Diggers Arms, Skene St, Newtown, on March 8, last year when he tried to diffuse a heated argument between Anderson's mate, Peter Tobias, and his girlfriend.
While an angry Mr Tobias was remonstrating with Mr Riches, Anderson came from behind and struck a forceful blow to the right side of Mr Riches head.
Mr Riches struck his head on a pole as he fell.
He suffered a fractured skull, bleeding to the brain and was hospitalised in a critical condition.
Anderson, 27, of Pantic's Rd, Teesdale, pleaded not guilty in Geelong Magistrates' Court recently to charges of recklessly causing serious injury and riotous behavior.
He pleaded guilty to a separate charge of unlawful assault on another patron earlier inside the hotel.
The court was also told Anderson, formerly of Warrnambool, had priors for burglary, theft and assault.
Yesterday Magistrate Rosemary Carlin found Anderson guilty on all counts.
Handing down sentence, she said she was satisfied Mr Riches had been struck to the right side of his head where he could not have seen it coming.
Ms Carlin found that Anderson's decision to punch Mr Riches was a spur of the moment action and occurred when he was already in an aggressive frame of mind after assaulting a patron inside the hotel.
She said Anderson, by his plea of not guilty, had shown no remorse and she described the assault as a bad example and the injuries "very serious''.
"I also accept that you did not foresee the extent of the injuries caused and I am dealing with a single punch,'' she said.
Ms Carlin said Anderson did not come before the court with an unblemished record and one of his prior court appearances included an assault in 2004.
"Your behavior was another example of drunken aggressive violence which has become a common occurrence,'' she said.
"Your previous criminal history should have made you aware of what you can get into if you are drunk.''
Ms Carlin said Anderson, however, showed good prospects of rehabilitation and that he had been in constant employment.
"All of this shows you are a person with good prospects,'' she said.
"But when you have alcohol onboard, you get out of control and things get ugly.
"The sentence I am about to impose is designed to assist you and send a message to the community.''
On the charge of recklessly causing serious injury to Russell Riches, Anderson was convicted and sentenced to three months' jail wholly suspended for two years.
On the charges of unlawful assault and riotous behavior, he was convicted and placed on a 12-month community-based order with 125 hours unpaid community work.
He was also ordered to pay witness costs of $593.
Let's see, he has priors, the magistrate says he had shown no remorse, she described the assault as a bad example and the injuries "very serious''.
But the line that gets me- "The sentence I am about to impose is designed to assist you and send a message to the community.''
What about the victim, you *smile* ?
. This is justice? This guy has done it before, he didn't learn the previous time. Explain to the community, what the hell kind of message it is that you are indeed trying to send. To me, it says, do whatever you like, nearly kill someone, but I'll get tough by sentencing you to community service (and we all know how strict that's policed). Seriously, does anyone want this kind of thug to be anywhere near a communtiy?