Post by Anja Nieser on Sept 26, 2006 17:22:19 GMT -5
Balding's killers lose appeal
2 men convicted of the murder of Janine Balding in 1988 have failed in
their bid to have their life sentences quashed.
By a margin of t2to 1, the Court of Criminal Appeal today rejected the
appeals the 2 men, who cannot be named for legal reasons.
Outside the court, the Victims of Crime Assistance League president,
Howard Brown, said Ms Balding's mother, Bev Balding, was "ecstatic" about
the judgement.
"When I was able to ring her this morning to advise that the court found 2
to 1 in favour of her, she was absolutely ecstatic because it now in
essence gives her the opportunity to take stock and get on and do all the
things she needs to do herself," Mr Brown said.
But despite the family's victory, there was still much heartache, he said.
"I get quite upset when we talk about closure because there is no such
thing as closure. We learn to adapt to the circumstances. Nothing ever
brings back our loved ones."
He said the murder of Ms Balding should be treated with the utmost
seriousness despite the passage of time since it occurred.
"We should never dilute the seriousness of these crimes. If Janine Balding
were to have been killed in identical circumstances last Friday, the
general community would be calling for the reintroduction of the death
penalty. That is how bad that crime was."
The 2 killers were sentenced to life in jail in 1990 by Justice Peter
Newman for their involvement in the rape and murder of the 20-year-old
Sydney bank teller.
Justice Newman made the remark at the time of their sentencing that: "So
grave is the nature of this case that I recommend that none of the
prisoners in this matter should ever be released."
It was a recommendation that had no legal effect at the time.
The men were aged just 14 and 16 when, with Stephen "Shorty" Jamieson,
they abducted, raped and murdered Ms Balding in 1988.
Ms Balding was forced into a car at knife point at Sutherland railway
station before being brutally raped then drowned in a dam at Minchinbury,
in Sydney's west.
The killers' original appeals against the severity of their life sentences
were dismissed in 1992.
But earlier this year 2 of the men sought to reopen the appeal and have
the Court of Criminal Appeal quash the judge's recommendation.
Alternatively, they asked the court to quash their life sentences and set
a fixed term.
Justice David Kirby ruled that the sentences were manifestly excessive,
noting the offenders' youth and below-average intelligence.
He proposed that their life terms be quashed and the pair resentenced to
maximum jail terms of 28 years.
He imposed a non-parole period of 21 years, which, with time already
served, would have made the men eligible for parole in 2009.
However, Chief Justice James Spigelman and Justice Roderick Howie
disagreed, refusing them leave to reopen the appeal.
Justice Howie said there was no "unfairness or injustice'' in the
sentences imposed on the men that should be addressed by the appeal court.
The majority court ruling means that unless the pair successfully appeal
to the High Court, they will remain behind bars for life.
(source: Syndney Morning Herald)
2 men convicted of the murder of Janine Balding in 1988 have failed in
their bid to have their life sentences quashed.
By a margin of t2to 1, the Court of Criminal Appeal today rejected the
appeals the 2 men, who cannot be named for legal reasons.
Outside the court, the Victims of Crime Assistance League president,
Howard Brown, said Ms Balding's mother, Bev Balding, was "ecstatic" about
the judgement.
"When I was able to ring her this morning to advise that the court found 2
to 1 in favour of her, she was absolutely ecstatic because it now in
essence gives her the opportunity to take stock and get on and do all the
things she needs to do herself," Mr Brown said.
But despite the family's victory, there was still much heartache, he said.
"I get quite upset when we talk about closure because there is no such
thing as closure. We learn to adapt to the circumstances. Nothing ever
brings back our loved ones."
He said the murder of Ms Balding should be treated with the utmost
seriousness despite the passage of time since it occurred.
"We should never dilute the seriousness of these crimes. If Janine Balding
were to have been killed in identical circumstances last Friday, the
general community would be calling for the reintroduction of the death
penalty. That is how bad that crime was."
The 2 killers were sentenced to life in jail in 1990 by Justice Peter
Newman for their involvement in the rape and murder of the 20-year-old
Sydney bank teller.
Justice Newman made the remark at the time of their sentencing that: "So
grave is the nature of this case that I recommend that none of the
prisoners in this matter should ever be released."
It was a recommendation that had no legal effect at the time.
The men were aged just 14 and 16 when, with Stephen "Shorty" Jamieson,
they abducted, raped and murdered Ms Balding in 1988.
Ms Balding was forced into a car at knife point at Sutherland railway
station before being brutally raped then drowned in a dam at Minchinbury,
in Sydney's west.
The killers' original appeals against the severity of their life sentences
were dismissed in 1992.
But earlier this year 2 of the men sought to reopen the appeal and have
the Court of Criminal Appeal quash the judge's recommendation.
Alternatively, they asked the court to quash their life sentences and set
a fixed term.
Justice David Kirby ruled that the sentences were manifestly excessive,
noting the offenders' youth and below-average intelligence.
He proposed that their life terms be quashed and the pair resentenced to
maximum jail terms of 28 years.
He imposed a non-parole period of 21 years, which, with time already
served, would have made the men eligible for parole in 2009.
However, Chief Justice James Spigelman and Justice Roderick Howie
disagreed, refusing them leave to reopen the appeal.
Justice Howie said there was no "unfairness or injustice'' in the
sentences imposed on the men that should be addressed by the appeal court.
The majority court ruling means that unless the pair successfully appeal
to the High Court, they will remain behind bars for life.
(source: Syndney Morning Herald)