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Teenager jailed for fatal punch at party

Discussion in 'The Pub' started by cookeetree, Nov 16, 2007.

  1. From here

    Teenager jailed for killing Matthew Stanley at party

    A youth has been jailed for a fatal punch which killed teenager Matthew Stanley at a high school party in Brisbane last year.

    The youth, who cannot be identified, was jailed for five years, with a minimum of two-and-a-half years, after pleading guilty to manslaughter in the Brisbane Supreme Court.

    With 418 days in custody taken into account, the teenager is likely to be freed in early 2009.

    He was sentenced under the Juvenile Justice Act which has a maximum penalty for manslaughter of 10 years.

    Though 17 now, the youth was 16 and a juvenile when he fatally punched Matthew, 15, at a party in Alexandra Hills in September last year.

    "A young life was snuffed out after one punch ... leaving a family to grieve forever," Justice Roslyn Atkinson said in her sentencing remarks.

    "Nothing the criminal justice system can do can bring back their son.

    "Young people must learn that one punch can kill ... and ruin so many lives.

    People need to wake the f*ck up and realise that a moment of insanity can ruin many lives.
  2. Finally some realistic sentencing...maybe this marks teh end of the "I was intoxicated" lame excuse.

    Regards, Andrew.
  3. Already gone in SA mate.
  4. Gone in vic too as is the provocation defence.
  5. wasn't there a few guys getting off on man slaughter up in Queensland because of some ruling. I did not think it was "Coz i was drunk" excuse. I thought there was an actual legal stand point from where these people were coming from. Something like I was drunk but tyhought it revolved around I was unaware that one punch could kill sort of stuff. Or was it this I am drunk excuse I am thinking of. I just remember seeing a news program 6 months back about a guy getting off scott free for one punching a guy who actually came to break up a fight in a mall.

    Cheers :cool:
  6. How can you say realistic sentencing when he can be free in early 2009???

    Just how much is a life worth! If that was my son I would be outraged!

    What ever happened to an eye for an eye, a life for a life?????

    Agree with the end of the "I was intoxicated" lame excuse but really has he got what he deserved?????
  7. I disagree.

    IMHO, nothing realistic when someone can get out in 2.5yrs for taking
    someones life. You get more for robbery.

    I'd rather say the sentencing was ludicrous & hardly serves as a

    If I knew I'd only get 2.5yrs..
  8. For this to be justice (and its a no win situation in my eyes) shouldn't everyone who throws a punch be punished with the same severity? We seem to live in a society where people get away with all kinds of things, unless the shit hits the fan and someone gets seriously hurt...
  9. I think it was the "accident" defense. Basically, "Yes, I punched him, but didn't intend for his head to smash into the ground."

    I did read, in another article, that this kid's lawyer was spruiking that the kid chose not to use this defense, but stood up to accept his punishment. Personally, I reckon it's only 'cause he didn't think he'd get the sentence he got.

    As with any manslaughter / murder charge, the punishment will never bring the deceaced person back. It's a lose / lose situation.
  10. Bad things happen. Accidents happen. I'll just make the point if every Australian male who threw a punch at a party or pub got convicted then half the country would be locked up. Unfortunately for both parties when you hit someone you roll the dice of chance. Someone throwing a drunken punch isn't expecting to kill someone, both parties are just extremely unlucky. Obviously one party more than the other.

    -edit: I'll just add obviously its a tragic loss for the people involved. I don't know the details but I dont think one drunken punch thrown in anger is deserving of life behind bars regardless of the tragic consequences.
  11. Well, it's more realistic than the previous six months good behaviour and $500 fine.......that was my point. At least the guy IS doing time for it, not like how it used to be.

    Regards, Andrew.
  12. I'm with Icetime.

    It's horrible for what the family has done, but the young bugger who did it didn't mean to kill him. He meant to hurt him, for sure, but not that.

    It's a tragic accident, and should be treated that way. A good sentance, methinks. A little tough, but fair.
  13. Hence the charge of MANSLAUGHTER instead of murder.

    Thats what manslaughter is all about.. taking someones life without
    premeditated intent.

    A little tough when he got 20% of the maximum sentence (10 years?)

    You gotta be kidding right? He's going to be out before 20 to enjoy
    the rest of his life for taking out a life :?

    F*ck me :shock:

    Lemme hear you call out a fair sentence when its your child who gets
    killed bud.
  14. If my son was killed the same way it'd be an eye for an eye plus the perpetrators family and their desendants.
    Nothing like a bit of old testament justice ;)

    In all seriousness If my son had done the crime I'd expect the law to deal with it as, firstly the morals and ethics he receives will bear a lot on how he handles remorse for his actions.
    One thing the article doesn't say is if the perp actually showed genuine remorse and if that played any part in the actual sentencing.
  15. I agree. Hopefully that was a mitigating factor.

    I read an article last night of a boy who killed his best friend whilst
    hooning & crashing.

    He buried his best friend.

    His sentence: 6 years.

    I need not say more.
  16. It's not an accident though is it, if they'd bumped into each other that's an accident, he hit him so he meant to injure he just more successful than he intended.

    That's always what i understood as the difference.
  17. What's the law if they're trading punches and one dies? Still manslaughter?
  18. I haven't made my mind up on the sentence. I don't know enough case details to decide. However on the face of things he did get 5 years, 2 1/2 is the minimum. He was 16 at the time...I don't know the kid but I'm near the area...I doubt being from alex hills that he is some hardcore thug bound for prison...Were you never hit by a kid in school? never hit a kid in school yourself? I know I have done both...now if one of those little kid punches knocked the other kid to the ground and he cracks his head and dies...I'm at fault no doubt. But its a kids accident! Yes you probably should get jail time...but a maximum sentence? I wouldn't give a kid who steals a hat from a shop the maximum sentence for theft? Would you? Thats why judges have discretion.

    So far as if this was your child logic...sure a valid point. However do you think the victim should deal out the punishment? I'm sure if I had a child killed I would WANT to inflict gross amounts of pain, torture and multilation before painfully dispatching the said perpertrator. Is that a sensible reaction? I don't think so. However I can say that now rationally. Ask me when I am hysterical after the death of my child...you will get a hysterical response. Thus we have a legal process. Sure victim impact assessment is vital for the judge to make his decision, however it is not the only point that needs consideration.

    To bring a bike perspective into it... its exactly like the pedestrian council, victims of road accidents and car biased forums deciding how and what we should ride. Not exaclty ideal is it?
  19. An unarmed 16 yo kid hits another kid. And nothing happens...except maybe a black eye. If the same thing happened on the sports field or at school. Do you think that kid should be reported to the police for assualt? Thats ridiculous...kids will be kids... they will always fight. Should every kid who has ever been in a fight have a criminal record?

    Its no different than deliberately tackling someone hard or tripping them in a game of footy...no 16 yo would even be able to calculate the risk of the action. For all intents and purposes its an accidental death caused by stupid and foolish, childish behaviour.

    A tragic loss of life absolutely but not worthy of a maximum sentence.
    What next blame the owner of the property for having a hard ground, the party organiser for not having security, the supplier of alcohol as thats the real thing to blame? The kid has been dealt with by the law...end of story.
  20. i don't know, but the system does like to nail someone...