Friday, 20 July 2007

Crime and punishment.

It is doubtful if the offender and the offended will ever agree on what is just punishment for a crime committed, but a case in the local court illustrates the disparity in outcomes.
A twenty-six year old male engaged a cab to take him from a nightclub to his home in a nearby suburb. This young man was undoubtedly drunk from the amount of alcohol he freely admitted drinking.
At the termination of the journey he attacked the middle aged cabbie, resulting in an ambulance being called and the injured man taken to hospital. The injuries required fifteen stitches to his face and head, follow-up specialist attention for a shoulder injury - and fifteen days off work while he recovered from the attack.
The matter went to court - and the magistrate handed down a $ 1,000 fine.
That amounted to slightly less than two weeks pay for the offender.
The cabbie was not so lucky. He earned no income during the fifteen days he was off work, but he was still liable to pay for the rent on his cab during that time. He received an ambulance bill of $ 237 and there will be ongoing medical bills for specialist treatment to his shoulder injury.
The court simply shrugged it's shoulders - and ignored his financial plight !
The cabbie may pursue the matter through litigation in the civil courts, but that will be a long and tedious business which will cost legal fees - and more time off from earning a living while he attends court.
Wouldn't it be simpler if the initial court hearing dealing with the attack took into account the financial ramifications of that event - and made an on the spot compensation award ?
There is no justice in a court system that simply rewards the state government's coffers with a fat fine - and ignores the financial loss imposed on the victim.
The court system is supposed to dispense justice. It clearly does not do so in many such cases - and to achieve that the politicians need to bring the law into the twenty-first century.
There are no indications that this will happen - either now or at any time in the future !

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