Read The Times Australia

Daily Bulletin

Altruistic or self-serving? Four things judges consider when sentencing politically-motivated crimes

  • Written by: Jamie Walvisch, Lecturer, Monash University

This morning an Extinction Rebellion protester was arrested after hanging from a rope over the William Jolly Bridge in Brisbane, blocking all lanes to peak hour traffic.

And earlier this month in Brisbane, more than 70 climate change protesters were charged with offences that included contravening direction, obstructing traffic and obstructing police.

But where do politically motivated crimes sit on the spectrum of culpability?

Motive is generally irrelevant to criminal law. While there are some offences (such as terrorist offences) that require a specific reason to underpin the criminal act, these are rare. Most of the time, it’s enough to prove the offender intentionally, recklessly or negligently committed the criminal acts.

Altruistic or self-serving? Four things judges consider when sentencing politically-motivated crimes Motive is generally irrelevant in criminal law. But it’s a fundamental part of sentencing law. Darren England/AAP Image

On the other hand, motive is central to sentencing law. Contract killers and mercy killers, for instance, may both be convicted of murder, but contract killers will be sentenced more harshly. They will be considered more blameworthy because of their financial motivations, in greater need of deterrence, and a bigger risk to the community.

Read more: Why does the US sentence people to hundreds of years in prison?

Judges, lawyers and the community at large will frequently agree on which motives are worse than others. For example, it seems clear offenders who commit crimes out of greed should be punished more harshly than offenders who commit crimes out of need.

Unfortunately, the courts have provided little guidance on whether politically-motivated crimes – such as Extinction Rebellion blockades or “Egg Boy” Will Connolly’s egging of far-right politician Fraser Anning – are better or worse than crimes committed for motives like jealousy or vengeance.

Two distinct approaches can be found in past recorded cases where judges have sentenced politically motivated offenders.

A sympathetic approach

In some cases, judges have taken a sympathetic approach, displaying a level of respect for the offenders’ principled behaviour.

While it’s acknowledged they have broken the law and deserve punishment, their actions are not considered as wrongful as the actions of people who break the law for less altruistic reasons. So, judges have reasoned they should be punished more lightly.

An example of this approach can be found in the Pine Gap peace pilgrims case from 2017, when six religious activists breached the perimeter of the Pine Gap military base.

Altruistic or self-serving? Four things judges consider when sentencing politically-motivated crimes Six peace activists were found guilty of trespassing onto a defence facility near Alice Springs, but they were punished relatively lightly. Dan Peled/AAP

In sentencing the offenders, Justice Reeves was influenced by the fact they were “conscientious protestors”. He described their offending as being at “the lowest end of the scale”.

And rather than imprisoning them, as requested by the prosecution, he imposed fines ranging from A$1250 to A$5000.

A harsher punishment

In other cases, judges have taken a far less sympathetic approach. They’ve viewed politically motivated offenders as self-serving individuals who deliberately intend to undermine legitimate laws in pursuit of their own idea of justice.

Not only does this make them more culpable, it also makes them more dangerous and harmful to the community than “common criminals”, the reasoning goes. As a result, they should be punished more harshly.

Read more: Serial killers' fates are in politicians' hands. Here's why that's a worry

This approach can be seen in the sentencing of DJ Astro “Funknukl” Labe, who was convicted of headbutting Tony Abbott.

While Labe only caused minor physical harm, Magistrate Daly considered the offence to be of “considerable seriousness”.

He said the sentence needed to make it clear to those with similar impulses that indulging those impulses would attract a deterrent sentence. He sentenced Labe to six months’ imprisonment.

Four factors in politically-motivated crime sentencing

These cases reveal four key factors that appear to influence a judge’s approach.

The most significant factor is the gravity of the offence. Cases that inspire a sympathetic approach from the judge usually involve relatively minor offences, such as spitting or trespassing.

Read more: Drunk women convicted of assault treated harsher in sentencing than drunk men

A less sympathetic approach has generally been taken when more serious offences have been committed, such as those that pose a threat to life.

The second relevant factor is the use or threat of violence. Judges seem prepared to take a sympathetic approach to serious crimes committed for political reasons, so long as no violence is involved. But this willingness vanishes when offenders use or threaten violence in pursuit of their goals.

Altruistic or self-serving? Four things judges consider when sentencing politically-motivated crimes Astro ‘Funknukl’ Labe was sentenced to six months imprisonment for head butting Tony Abbott to deter other people acting on similar impulses. Rob Blakers/AAP Image

The third is the target of the offender’s actions. Judges have shown little sympathy for offences that have directly targeted parliament, politicians or the courts. These institutions are considered fundamental to our system of government, and are deserving of “the most serious protection”.

Offenders who target premises that are not directly related to the object of the protest may also be seen to be “looking for trouble”, rather than being engaged in genuine protest.

Read more: Is Victoria's sentencing regime really more lenient?

And the fourth relevant factor is the perceived sincerity of the offender’s beliefs. A sympathetic approach is more likely when it’s clear the offenders hold their beliefs sincerely, strongly and were motivated by genuine and deep concerns.

While there is some indication that the purpose of the offender’s protest may also be relevant, there is no clear pattern in this regard.

This is probably due to a judicial reluctance to explicitly express support or disapproval for a particular political cause, given the importance of judicial objectivity.

Authors: Jamie Walvisch, Lecturer, Monash University

Read more http://theconversation.com/altruistic-or-self-serving-four-things-judges-consider-when-sentencing-politically-motivated-crimes-121691

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Accurate Measurements Matter When Ordering Flatpack Cabinets

Ordering flatpack cabinets can make a renovation or storage project more manageable, but the proce...

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...