HOME DETENTION FOR CULPABLE DRIVERS

A REVIEW BY THE GOVERNMENT IS CURRENTLY UNDERWAY INTO HOME DETENTION --  22/08/07


The government has created a new level of imprisonment. It is called Home Detention.

Home Detention was sold to the public as a program for minor offenders, to

keep them out of jail.

But behind our backs the Government has included Culpable Drivers and Hit

Run Drivers in this category of minor offenders.

If you commit murder you cannot apply for home detention.

If you commit manslaughter you cannot apply for home detention.

If you are a serious sex offender you cannot apply for home detention.

If you have ever had an intervention order out against you, you cannot apply

for home detention.

If you have committed a serious violent offence you cannot apply.

If you have caused the death of any person you cannot apply

unless you have caused that death whilst you are behind the wheel of a car.

WHY?

You can be drunk, you can be speeding, you can be drugged up, but if you kill

on the road it is treated as a minor offence for the purpose of home detention.

Culpable driving is an offence that carries a 20 year maximum.

In every way it is treated as manslaughter as far as the legalities go. There

isn’t any legal reason for Culpable Driving to be treated differently for the

purpose of Home Detention.

The Public prosecuters have been working very hard to have these sentences

increased, just when they are making a small headway by appealing many of

the lenient sentences handed down to these drivers, the government has

stepped in and allowed them to apply for Home Detention.

There is what they call Front End Home Detention and Back End Home

Detention.

Front End means they can be sentenced initially to Home Detention by the

Judge, and Back End means they can apply- from their prison farm- to the adult

parole board for the last six months to be served at home.

Back End Home Detention overrides even the Judges original sentence.
 

We are told this is not the case because Home and Jail are viewed as the same

thing by the government.

In the eyes of the government they are still in Jail!! ------we are treated like fools

We are told that no matter how appalling, tragic, irresponsible and negligent

these drivers have been, they are not criminals.

Well in our world nobody is a criminal until they have committed a crime, and

when that crime results in the death of another person, then that death must

be acknowledged and the life respected.

You cannot say that to die on the road is lesser a death because its cause was

behind the wheel of a car. It is like arguing whether it is worse to stab, or shoot

somebody to death

Sending the message to drivers in 2006 that Home Detention is a suitable punishment for killing innocent people on the roads is out dated

Treating deaths on our roads differently to other deaths caused by criminal behaviour is sending the wrong message to the entire community.

Allowing Culpable Drivers to apply for Home detention is wrong.

The Home Detention Program has finished it's three year pilot phrase and despite problems with it, was passed in parliament--very quietly- in August 2006.

A review was to take place early in 2007 where we could have a say about Culpable Drivers and Home Detention, but because of the election and changes in port folios this is yet to happen.

WACD will be following this very closely and will report back

September 2006

Home detention clampdown

new limits anger crims

Ellen Whinnett state politics reporter

CRIMINALS serving out their sentences on home detention must now do so under stricter guidelines. The state Government has removed permission for the home detainees to play sport and visit family and friends.The new regime came into effect last week, and will affect about 30 Victorians.The tighter rules drew criticism from one prisoner, who until last week was allowed four trips a week away from home to play organised sport and visit a family member.He said the directive was driven by the Government's bid to avoid public outcry before the November 25 state election. .He said pedophiles such as Mr Baldy, who are not on home deten­tion but have ankle monitors like home detention prisoners, had brought the program into disrepute.

"We are on total clamp-down, 24-7, unless we are going to the doctor," he said.

"It's right across the board, and the feedback from within the sys­tem is that it's come from the minister's office."The Government, however, denied the new rules were politi­cally motivated. Police Minister Tim Holding said the changes had come into effect when new legislaton was passed several weeks ago making home detention, previously al­lowed under a three-year trial, to become a permanent feature of the Victorian justice system.He said the program had always been designed as a tough option and that people should only be permitted to be absent from their home detention if they were taking part in activities directly linked to their rehabilitation, such as job interviews, training or counselling."The Government is anxious to ensure the only absences from home occur during specific rehabilitation purposes," Mr Holding said. In the three years the home detention program has been operat­ing in Victorta, 180 prisoners have served the final portion of their sentence under home detention. Eight people breached their home detention. Three of these breaches occurred when the accommodation fell through.Five criminals were caught tak­ing illegal drugs on home detention and were returned to prison. The prisoner, who did not want his name published, said he had more freedomin minimum­ security jail than he did under the new home detention rules. He said his 24-hour confinement was causing stress for his host family and contributing to his health problems. -end - .

Who is in charge?

Obviously the prisoners. When prisoners feel they have the right to complain about Home Detention being too harsh and they had more freedom in prison, then we have reached the stage where the lunatics are finally running the asylum.

We have turned the corner. This government has officially lost control.

Tim Holding says that Home and Jail are the same thing. It sounds like even in prison this prisoner had a better life than most people who have never committed a crime, let alone taken a life.

The fact that prisoners can apply to have their sentences reduced by the Adult Parole Board is bad enough.

That in itself makes a mockery of our court system.

Who is this prisoner? What was his crime? Is he one of the Culpable Drivers who have been released because Tim Holding and the Adult Parole Board decided to make up there own version of the law?

Despite what the courts have already determined, they have decided that Culpable Driving and Hit and Runs are not serious offences.

They have decided that intent should be redefined by the adult parole board.

 

Apparently if you only commit a violent offence once in your life and you do it behind the wheel of a car you deserve home detention.

If you commit a violent offence once in your life with a gun or knife or your fists you don’t deserve home detention.

With this attitude towards road deaths any wonder we have a road toll.

So much for Justice

For a prisoner to say that he had more freedom in Jail is unbelievable.

To that prisoner complaining, The Mr Baldys of this world haven’t bought this programme into disrepute, the fact is we want you to serve the sentence that the court gave you, not complain about getting a break like Home Detention.

If the courts had done there job right in the first place the Mr Baldys of this world would still be in prison.

The words Freedom and Jail shouldn’t even be in the same sentence. Neither should Home and Jail.

Your home is your castle

Jail is your keeper