Modern Australian
Men's Weekly

.

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

Professional Bathroom Builders Sydney: What Defines Professional Standards

Professional bathroom builders in Sydney operate within a regulated construction environment that prioritises safety, compliance, and structural durab...

Retail Cleaning Creating Welcoming and Professional Store Environments

First impressions matter in retail, and cleanliness plays a powerful role in shaping how customers perceive a store. Retail cleaning focuses on mai...

Why Year 12 Tutoring Plays A Crucial Role In Academic Success

The final year of school is one of the most demanding periods in a student’s academic journey, which is why year 12 tutoring has become an essent...

Legal Remedies Available in a Breach of Contract Case

When a contract is broken, the consequences can affect cash flow, reputation and ongoing business relationships. A breach of contract may occur when...

Long Weekend Camping in the Yarra Ranges: Three Weekends of High Country Adventure

Yarra Ranges National Park, Victoria. Image by Mattinbgn (talk · contribs), CC BY 3.0, via Wikimedia CommonsVictoria’s Yarra Ranges offer keen trav...

Why Waste Management Solutions Are Essential For Modern Businesses

Managing waste responsibly has become a critical priority for organisations of all sizes, which is why waste management solutions play such an impo...

The Importance and Varieties of Ride-On Mower Tyres

Ride-on mowers are built to manage larger lawns with consistency and control. The quality and design of ride on mower tyres play a critical role in ...

Gain Peace Of Mind: The Undeniable Benefits Of A Ready First Aid Kit

Life in our vibrant communities, whether it's the bustling city or the quiet country town, is full of unexpected moments. From a scraped knee on the...

The Most Common Conveyor System Issues in Manufacturing

In modern manufacturing, conveyor systems play a central role in keeping production lines efficient, consistent, and cost-effective. When they operate...

How to Secure a Long-Term Rental in a Competitive Market

The rental market can be unpredictable and may present challenges if you’re not prepared. Initially, you might submit numerous applications and stil...

What Smart Investors Know About Real Estate

Many people think investing in property is just about buying a house and waiting for it to get expensive. While that can happen, the people who actual...

The Benefits of Seeking Help for Anxiety and Stress

Anxiety and stress have become common experiences in today’s fast-paced world, affecting people across all ages and lifestyles. From work pressures ...

How to Make the Most of Fashion Wholesale Options for Your Brand

If you want to grow a fashion brand without constantly reinventing the wheel, wholesale can be one of the smartest ways to scale. The key is knowing h...

How to Add Value to Your Home Before Selling

Selling a home is not just about putting up a sign and waiting for offers. It is about presenting a property that buyers instantly connect with and ar...

How Outdoor Play Enhances Learning and Wellbeing

You don’t need to be an expert to conclude that play is an essential part of growing up. When children aren’t restricted and kept indoors, they de...

How to Build Passive Income Through Real Estate

Building passive income is one of the most effective ways to create long-term financial security. While there are many investment opportunities availa...

DIY Guide to Replacing Small Parts in Your Laundry Machine

Finding a puddle or a broken washer is frustrating, but you don’t always need a professional. Many common issues are caused by tiny parts that are c...

Best Practices for Managing Your Warehouse Partner Relationships

Your warehouse partner is an important part of your business. They sit in the middle of your promises to customers. Yet, when they deliver what’s pr...