"Rapist father’s good behaviour sentence bungle overturned "
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- Category: Uncategorised
- Created: Thursday, 20 March 2014 11:30
- Written by Janet Fife-Yeomans - Daily Telegraph
A FATHER who raped his daughter and was put on a good behaviour bond was yesterday jailed for at least five-and-a-half years after the state’s highest court blamed the top prosecutor’s office for the bungle.
The man, 55, who had told the court he was terrified of jail, was led directly from the Court of Criminal Appeal courtroom to prison. His good behaviour bond was appealed after the personal intervention of Attorney-General Greg Smith when the Director of Public Prosecutions Lloyd Babb refused to intervene.
The move followed community pressure during a campaign by The Daily Telegraph for mandatory minimum jail sentences for child sex offenders. Despite subjecting his daughter to years of abuse, the DPP never asked the lower courts to send the man to jail for what could have been a maximum of 20 years, the court said.
READ HOW WE BROKE THE STORY LAST JULY
RAPIST FATHER SHOCKED AT HIS FREEDOM
“The DPP appears from the outset to have taken the view that (the father) should not be sentenced to full-time imprisonment,” the three appeal court judges said.
“We consider the sentence imposed (in the District Court) was erroneously lenient and manifestly inadequate. No sentence other than ... full-time imprisonment is appropriate.”
The girl, who went to police when she was 17, had collapsed in despair and was admitted to hospital after her father was given the good behaviour bond last year. The court said the DPP had agreed in Gosford Local Court to the man being referred to the now-defunct Cedar Cottage residential program for incest offenders. However, his victim had not consented, which should have been taken into account.
The father was sentenced by the District Court, where the judge said he would have liked to impose a prison term but thought his hands were tied. The Court of Criminal Appeal said the crown prosecutor should have told the judge he was wrong but instead, his approach was “both fostered and encouraged by the Crown”.
Mr Smith said the original sentence was “totally inadequate’’ for the father. (Source : http://www.dailytelegraph.com.au/news/nsw/rapist-fathers-good-behaviour-sentence-bungle-overturned/story-fni0cx12-1226859612625?sv=e9fb6c3fd0d834d48c65001bd8c65327)
