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At about 1.00 am on Sunday 17 February 2019, police were patrolling in Rockhampton when they saw a car driving erratically and knocking over a street sign. They pulled the car over and found the driver was Douglas “call me Doug” Winning, a local solicitor.
What transpired was recorded on the officer’s body-worn cameras. All class, Winning was wearing only a pair of shorts. His vehicle had sustained damage on the bonnet where the sign had hit and there was damage to a front tyre. When asked that he had been drinking, Winning nominated the amount as “a bottle of rum”, explaining that he had had a sleep since finishing it. He was slurring his words. He twice said “You’re not going to pinch me”.
One of the officers said she was going to administer a roadside breath test. Winning was in the car holding his passport and $300 in cash, made up of six $50 notes. At the conclusion of the roadside breath test, Winning lifted his hands. He put his passport down on the seat beside him, and held up his right hand with the notes in it, saying: “Can’t pay my way out this, can I?”.
One police officer responded, “No. No, you definitely can’t pay your way out of this”. The other responded “No”.
After the officers’ responses, Winning folded the cash in his right hand and extended his right arm out of the car, and towards the officers, keeping it there for some time. He remained seated with his left hand on the steering wheel. He only withdrew the extended arm when he was told he was detained and to turn his car off.
Winning then said that “someone’s been threatening my daughter and that’s the only reason I’m drivin’”. He was a told that he was detained for the purpose of a further breath test which would be done at the police station.
In the course of police telling Winning that the car would be secured, Winning said, “You gonna let me go. You’re not gonna lock me up, are ya?”
As Winning was taken out of the vehicle, he told Senior Constable Parkin that he did not need to call him Mr Winning, but rather “call me Doug”. At that point, Winning still had the $300 cash in his hand. Then followed this exchange:
“Officer Parkin: Do you wanna put your cash in the car or do you wanna leave it on your possession?
Winning: I’ll leave it on my possession.
Officer Parkin: Ok. Alright.
Winning: You wa-, you wanna lazy quid?
Officer Parkin: No, no, no.
Winning: Give you a lazy quid
Officer Davies: No, no, no. Parkin: No, no, no. No, not at all. Come on, Winning, we’ll get you in the back of the car. Come on, sir, this way.”
Winning blew 0.191 per cent at the roadside breath test. Later, on the breath analysis machine at the police station, he recorded 0.146 per cent.
Winning was subsequently charged with drink driving and official corruption, arising out of his proffering $300 and asking if he could buy his way out of the situation, and asking whether the police wanted a lazy quid.
Winning was later interviewed by a Channel 9 journalist, and the interview, in which he claimed he was joking about bribing the officers and denied offering them money to withdraw any charges despite the police footage, was recorded on video.
Read full story: https://sterlinglawqld.com/winning-winner-douglas-dinner-loses-corruption-conviction-appeal/
Background David Allan Baker had been charged with attempted murder and had sacked his barrister and solicitors on an earlier occasion when his trial came on for hearing. Baker’s trial was set to commence before Daubney on 4 June 2012, but the day before he again sacked his legal representatives and the matter came on…
Outside of the legal realm, telling your side of the story at the earliest opportunity may be often a good idea. But in legal matters, things work very differently. In many situations, saying less is better than saying more, and saying nothing at all is better than saying anything. This video discusses the reasons why…
There are times when the death penalty is unquestionably justified, the execution of Mohammad Ajmal Kasab
Despite the fact that hanging is to quick and painless for this class of scum-bag the short lead time between his trial and execution suggests that a capital case need not be as drawn out and expensive as trails tend to be in the United states when a truly evil man is quickly dispatched.
Although I am not a Christian I do believe in social redemption and when it comes to juveniles who commit crimes I am as ready as anyone to give them a shot at turning around their lives and hopefully becoming worthwhile citizens who make our a better society. However how many times should we be willing to allow juveniles the benefit of anonymity when they have faced the courts? Frankly does anyone think that the chances of someone who has offended often enough to serve five periods of detention before they reach their majority actually turning their behaviour around are very high? Sadly I don’t think that the chances are measurable. to be honest.
So I am entirely unimpressed by the so called “civil liberties” arguments put against the naming of juvenile repeat offenders when they come before the courts. Its time that the bleeding hearts stop thinking that there is no such thing as a “bad” child. There certainly are individuals who begin their criminal careers at an early age and they are destined to a life of crime and that they will be immune to any attempts to “reform” them. Now while I readily admit that these individuals may well come from situations of abuse and social despair but there has to be a point at which society’s need to be protected from their aberrant and abhorrent behaviour out weighs the very small possibility that they may be redeemed.
It may be arbitrary but “three strikes and you will be named” seems to be a place to start. If a young offender commits two crimes that result in periods of detention then their next offence should lose them any right to have their names and images suppressed.
It probably won’t surprise anyone that our learned friend has come out fighting for the right of juveniles to be treated very softly by the courts even when they are clearly repeat offenders
Here’s their latest effort:
Attorney-General Jarrod Bleijie wants all juvenile offenders to be publicly named when they attend court, unless a judge orders otherwise.
Currently children can only be identified when a judge deems the case warrants naming.
Wait, what? Does Bleijie not understand that the reason for emphasising rehabilitation over deterrence with young people is that their brains aren’t fully formed and the clear evidence is that deterrence is far less effective than programs to redirect their lives? That giving them a criminal history early on simply prevents them from ever having a hope of doing something else with their lives?
Any realist would not make the mistake of thinking that someone who has established a pattern of repeated offending by the time they are an adolescent is extremely unlikely to be reformable or that they will ever do anything else with their lives. Our learned friend think that even with a chance of them being rehabilitated at an immeasurably low level we should still pretend that they can be “saved” ? Name them and then if they keep their noses clean for a decade then let them “forget” about their record as we do here in Queensland.
Mr Bleijie says most children who appear in court are repeat offenders and naming them could force them to take responsibility for their actions.
“A lot of young repeat offenders who know that the reporters and journalists can’t report names, come out of court smiling and living among their communities and the communities ought to have a right to know,” he said.
“And also if there’s a little bit of community pressure put on these young people, perhaps it will actually deter these young people from committing these crimes in the future.”
Actually, you blithering idiot, that’s exactly the way to turn young, impressionable people into lifelong criminals. Young people committing crimes are more likely to respond to severe censure by defiantly identifying with criminal peers. It takes maturity to learn to evaluate risk properly and it takes maturity to persevere through difficult circumstances.
I think the person who is blithering here is our learned friend if he really thinks that a juvenile who has been repeatedly before the courts and had several spells in juvenile detention has not already become a lifelong criminal. Further the fact that they have repeatedly failed to respond to the modest ” censure” of the juvenile justice system should tell him that his preferred option is not working for those repeat offenders .
Completely destroying a kid’s life if they don’t make decisions like a rational adult is incredibly counterproductive.
How many chances does he want to give these young toe rags? Surely its good sense to draw a line at a certain number of times that these offenders should be treated with leniency when they come before the courts? A clear expectation that they have to show at least some improvement in their behaviour before they are given the metaphorical slap on the wrist for any subsequent offence? our learned friend surely can be so naive that he believes that every one of these repeat offenders can be reformed?
First Robert Clark in Victoria, now Bleijie in Queensland. What is it with right-wing Attorneys-General and a pigheaded bloody-minded determination to stomp about in a field they clearly barely understand, dismantling systems that have been developed for a good reason, refusing to listen to experts and making matters worse?
Ah maybe there is a clue here in his conclusion; its his arrogance that anyone from outside the lawyers club should dare to have an opinion about justice and the role of the law in our society. One does not have to be a lawyer to understand that just because there is a “good reason” for a particular system it does not mean that it actaully works. The idea of treating the so called “children” as if they are redeemable when they have repeatedly demonstrated that they aren’t is leftist driven nonsense of the worst kind. But then what do you expect from our learned friend?
- Qld wants to name and shame young offenders (abc.net.au)
- The victims of crime deserve swift justice (telegraph.co.uk)
- It’s So Juvenile: Court Of Appeals Of Minnesota Finds An Extended-Jurisdiction Juvenile Adjudication Not Covered By Rule 609(d) (lawprofessors.typepad.com)
- When Should Juvenile Offenders Receive Life Sentences? (learning.blogs.nytimes.com)
- Juvenile Offenders Sentenced To Life Can Face Harsher Treatment Than Adults: Report (huffingtonpost.com)
I had a lovely visit from my brother and his mate Curley yesterday and after some chin wagging over a cuppa we decided to head on down to the big smoke, Dayboro, for a pie at the bakery where we found that the usually sleepy town experiencing a huge police presence.
The reason for this sideshow?
A group of aging bikies were having a club run and they had decided to try the tucker at the Dayboro pub for lunch!
where we were sitting at the Bakery we had ringside seats to the fun and games as scouts from the club did circuits up and down the roads to check out on the coppers and members of rival gangs checked them out as well.
Forgive me for thinking that the whole thing was just a little too much like a very big pissing contest.
Anyway that was our excitement yesterday