Meaningless rape sentence shows need for ACT cumulative policy

Stephen Franks Friday, 29 July 2005 Press Releases - Crime & Justice

Today's sentence of three years for an old rape by murderer Paul Bailey highlights the need for cumulative sentencing instead of concurrent sentencing, ACT Justice spokesman Stephen Franks said today.

"The stupidity of concurrent sentencing has been a feature of this whole case. It seems the police failed to bother to investigate or prosecute when the child victim first complained at the time, because they could not see the point when Bailey was already in prison on a life sentence for murder. They knew that any extra rape sentence would simply be served concurrently.

"That meant the complainant was denied any justice.

"Though she can now see a three-year new sentence starting today, Bailey is still in prison. He is eligible for parole and regularly asks for it. The most the complainant can expect from the new sentence is certainty that he will not get parole for two years, though that is no different from what should happen in any event.

"Bailey is a vicious threat to the community. The Parole Board should be telling him to forget about parole on his previous sentence, but they can only do that for a maximum of three years at a time.

"If Justice Minister Phil Goff's 2002 sentencing law had been written as ACT urged, the judge today, knowing what an unremorseful beast was before him, would have been able to impose the maximum rape sentence from the time and add it to start at the end of Bailey's current so-called life sentence," Mr Franks said.

ENDS

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