First read this article in the Daily Telegraph today:
Todd Munter jailed over 'water rage' attack on Sydney Grandad Ken Proctor
The Daily Telegraph
April 09, 2009 01:51pm
Man jailed over fatal "water rage" attack
Offender was "time bomb", judge says
May be out of jail in less than year
THE family of a Sydney grandfather who died after he was kicked and punched in a mistaken case of "water rage" expressed disappointment that his attacker could walk from prison in less than a year's time.
Todd Munter, 38, was sentenced to three years and three months' jail with a non-parole period of 18 months for the manslaughter of Caringbah retiree, Ken Proctor, 66, The Daily Telgraph reports.But the sentence imposed by Justice Roderick Howie was back-dated to October last year to take into account the time he has already served in custody. The court heard Munter was having a bad day when he came upon Mr Proctor hosing his wife's roses in October 2007. Munter, who had a metal device implanted in his back for a work-related injury, had just been told he needed another large operation. He had also fought with his girlfriend earlier.
Although Mr Proctor was entitled under council guidelines to use the hose on a Wednesday, a heated argument began after Munter called him a "stupid old goat.'' When Mr Proctor turned the hose on his aggressor, Munter punched the older man once in the face and shoved him, causing him to fall and hit his head on the footpath. A short time later, Mr Proctor suffered a fatal heart-attack on the lawn, while Munter and a number of neighbours - including an off-duty police officer - attempted to revive him using CPR.
Justice Howie said it was clear Munter was "truly remorseful'' by his efforts in trying to revive Mr Proctor and his tearful recounting of the incident later. He said Munter did not have a record of violence and the offence was out of character. "The offender has clearly suffered a chronic pain disorder as a result of the injury to his back and the subsequent surgery,'' Justice Howie said. "I am satisfied that his irritability with Mr Proctor was a result of pain and disappointment with its prognosis.'' The case was, for both families involved, a "real human tragedy'', Justice Howie said. "It was simply the interaction of a number of factors, none of which were the offender's fault, that resulted in him being primed as a time bomb waiting to go off,'' he said. Outside the court, Mr Proctor's widow, Lynette, and their children, said they were disappointed with the sentence. "We would have liked a little bit more than that,'' Lynette Proctor said. Her daughter, Michelle, said although the family wasn't happy with the result "we'll accept it because we know he'll suffer for a very long time, as we are.'' She described her late father as a "very good'' man.
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Now let me know what you think of that. What a horse shit of a judge! See what he says: "It was simply the interaction of a number of factors, none of which were the offender's fault, that resulted in him being primed as a time bomb waiting to go off,'' he said. Holy macaroni! He punches a guy to death and it is not his fault! Then whose fault is it? If I were the victim’s family, I would punch this judge in the face for saying that. As if the blow of losing a loved one in such a tragic manner was not enough pain, they get a second blow by this insensitive judge. What is going on with our judges nowadays? Don’t they know that violent crime is on the rise? Do they know they are not helping the situation by their illogically soft stance on these types of crime?
How about this one:
"The offender has clearly suffered a chronic pain disorder as a result of the injury to his back and the subsequent surgery,'' Justice Howie said.
So was this the catalyst for going around behaving like a boxer? Sounds like just another lame excuse and the judge is helping the offender get away with it.
Call me silly, but even if you had a bad day, you are not exempt from following the tenets of civilised human behaviour, no matter how bad your day is. Otherwise, society will not be able to rest looking out constantly for people who have had a ‘bad day’. What a load of crap and the judge should be sacked.
Ok, if we look at it factually and not just emotionally like I have been doing, we have the following facts:
· The offender approached Ken Procter with no provocation whatsoever. He went looking for trouble when there was none available.
· Ken was well within his rights to use his hose to water his wife’s roses on a Wednesday. Water restrictions did not apply to watering from a hose. He got that wrong as well.
· The offender was the aggressor by first acting aggressively and calling Ken a “stupid old goat”.
.The reaction did not fit the crime, which we know it wasn't.
· The offender punched Ken knowing full well that Ken was an older man and he did not have a fair chance to defend himself.
As far as I’m concerned whether he didn’t have his morning coffee, he was raped by his baby sitter or any other lame excuse; it’s just that, a lame excuse. Anybody can make something up and surprisingly it has become very effective with spineless judges like this one. So he felt remorseful and decided to help revive the old man. Well wouldn’t you do that too if you fucked up real bad? The fact remains he fucked up real bad and he has to pay an appropriate punishment for fucking up real bad and 3 years apparently is the value of life nowadays.
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