AN Albany mother has slammed the Western Australian judicial system after an appeal to increase the sentence of her son’s attacker was dismissed.
Judith Williams is angry with a legal system she says has let down the whole community and sent out the wrong message to criminals.
“This was a chance for the court to deliver a reasonable response and to act as a deterrent and stop re-offenders, but the courts are not doing it,” Mrs Williams said.
“The sentences delivered by the judicial system across the board are completely unsatisfactory and I feel it’s time for a review.
“Hard-nosed defence lawyers are being elevated to judges and because they’ve been defending people for so long, it seems impossible for them to remain neutral in court.”
Mrs Williams’ comments came after two of the three Court of Appeal judges dismissed a plea to increase the prison sentence of Navy seaman Scott Daniel Redman.
Redman was given a three-year sentence in May 2008 for causing grevious bodily harm to Mrs Wiliams’ son Dexter and his friend Murray Smith in an assault outside a Mandurah kebab shop in July 2007.
The assault occurred following an argument between the men after Redman put a Chiko roll in the face of a young woman at Cafe Kebabs in Mandurah Terrace.
Redman punched Mr Smith four times, knocking him unconscious and breaking his cheekbone and nose.
Dexter Williams went help his friend and was punched in the face.
Mr Williams fell backwards and hit his head on the pavement, causing the fatal brain injury.
After a Supreme Court trial in May last year, Redman was acquitted of the “one punch” manslaughter of the father-of-three but convicted of causing grievous bodily harm.
The jury deliberated for 10 hours before finding the HMAS Adelaide marine technician guilty of the lesser offence.
Mrs Williams was staggered that Redman was given a three-year sentence after he attacked two people.
“It was a culmination of grevious bodily harm on Murray, which had a 20-year maximum, and the attack on Dexter which was another 10 years, making a maximum sentence of 30 years.”
It is understood Redman will apply for parole and could be released as early as April.
During the Court of Appeal’s judgement, which lasted less than a minute, Justice Christine Wheeler said the appeal had been rejected by a majority decision.
The Court understood Redman was not to be sentenced for having caused the death of Mr Williams. His death was an irrelevant sentencing consideration and could not be taken into account.
The Court also stated that while the sentence was at the low end of the range, it was the correct term of imprisonment because the attack was unplanned and Redman was genuinely remorseful.
“This is evidence of the sort of stuff judges say when they’re handing out sentences – it’s pathetic,” Mrs Williams said.
“It’s because we’ve got top defence lawyers in our State who can fight hard in a court at any cost.
“It’s nonsense to say the attack was spontaneous, because during the trial Redman said he felt threatened when Dexter came around the corner to see what was happening to Murray.
“It wasn’t spontaneous or unplanned, Redman had already got Murray down and bashed him for goodness knows how long.
“We are getting in a calibre of judges who are going to destroy our country.
“We are witnessing a malaise in the courts which is affecting all of us.
“The judicial system is wrong and hasn’t been looked at for years.”
“Even in New York people can walk down the street feeling safe because criminals are aware of the consequences of their actions.
“Until we see consequences come from our courts, I feel things are going to get a lot worse in this country.”