KarlO'Callaghan_WAPolice


WA Police Commissioner Dr Karl Joseph O'Callaghan speaks out on battling ice 'epidemic'

by David Weber 23 Oct 2015

                             

Photo: Western Australian Police Commissioner Dr Karl Joseph O'Callaghan

Dr. Karl Joseph O'Callaghan (born 1956 in England) is an Australian police officer serving since 2004 as the Commissioner of the Western Australia Police.

O'Callaghan was born in 1956 in England. In 1970 he moved with his family to Australia where he attended Kalamunda Senior High School.[1] After completing year 12 he joined the Western Australia Police Service as a Police Cadet in 1973 and in November 1975 was inducted into the Western Australia Police Academy. In January 1976 he graduated as Dux of his Academy class. O’Callaghan’s policing career has encompassed Police Communications, Port Hedland Police Station, Accident Inquiry Section, Perth Traffic Branch, Manjimup Traffic and General Duties, Community Education, and the Police Academy.

He was promoted from Senior Sergeant to Superintendent in 1996 and was transferred to the Internal Investigations Unit and later ran both the Wheatbelt (formerly Northam) and South East Metropolitan (formerly Cannington) policing districts.

O'Callaghan later attended Curtin University of Technology in Western Australia and completed a Bachelor of Education with 1st Class Honours and in 1998 he became the first police officer in the history of the Western Australia Police to complete a PhD.

In 2001 he was promoted to Assistant Commissioner, Strategic and Corporate Development (formerly Policy, Planning & Evaluation) assuming responsibility for major change, reform and information technology projects in the Western Australia Police. He later relieved in the positions of Executive Director (Corporate Services) and Deputy Commissioner (Reform). This role included responsibility for the Strategic Plan and Annual Business Planning process, legislative reform, major IT-based business re-engineering projects, replacing the Radio Communications infrastructure (PMRN) together with management of Corporate Projects and major Corporate Reform and implementation of Royal Commission recommendations.

In 1997 O'Callaghan was awarded a Churchill Fellowship to study ethics training and education in policing. In 2004 he was awarded the Australian Police Medal (APM). In 2006 he was made a Rotary International Paul Harris fellow for his work with communities in Western Australia. In 2011 he established Bright Blue (The Commissioner's Charity for Sick Kids) and became the inaugural chair.

Policing Career

In 1973, after finishing year 12, he joined the Western Australia Police as a cadet. A year later he joined the WA Police Academy where he graduated as dux of his class in 1976.

O'Callaghan was promoted to Commissioner in 2004.

PHOTO: Western Australian Police Commissioner Dr Karl Joseph O'Callaghan says prison is not the best option for rehabilitation of ice users. 

http://www.abc.net.au/news/2015-10-23/karl-ocallaghan-says-ice-epidemic-take-years-to-control/6879910

Dr Karl Joseph O’Callaghan, the Western Australian Police Commissioner’s son,
Russell Joseph O'Callaghan's son charged over 'meth lab' explosion

Date: March 22 2011

http://www.smh.com.au/wa-news/ocallaghans-son-charged-over-meth-lab-explosion-20110322-1c540.html?deviceType=text


Meth is Death  Say No To Drugs

Published on Apr 20, 2015

Meth is Death ( How To Make Crystal Meth ) - Say No To Drugs

Description : 

Crystal meth is short for crystal methamphetamine. It is just one form of the drug methamphetamine.

Methamphetamine is a white crystalline drug that people take by snorting it (inhaling through the nose), smoking it or injecting it with a needle. Some even take it orally, but all develop a strong desire to continue using it because the drug creates a false sense of happiness and well-being—a rush (strong feeling) of confidence, hyperactiveness and energy. One also experiences decreased appetite. These drug effects generally last from six to eight hours, but can last up to twenty-four hours.

The first experience might involve some pleasure, but from the start, methamphetamine begins to destroy the user’s life.


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Lee-Maree Gallo

Police have charged two men over a drug lab blast that resulted in five people being hospitalised on the weekend including Police Commissioner Karl O'Callaghan's son.

The blast happened on Sunday afternoon about 5.15pm on Bishopsgate Street, Carlisle.

Two children, aged three and four, were also caught up in the explosion but escaped serious harm.

Police say three of the adults and the two young children were found in a car about 20m from the explosion, yelling for help.

Russell O'Callaghan, 29, is receiving treatment at Royal Perth Hospital for injuries to his head, shoulder and arms, but is not in a critical condition.

The Police Commissioner admitted his son, who is also a father, sought counselling in the past for a drug addiction but said he could not be sure of his involvement in the drug laboratory.

The property was a Homewest duplex-style villa, which was rented by a Jason Marzoli, 29, who was burnt to the face and hands in the explosion. It is understood his partner was also injured.

Mr O'Callaghan jnr and Mr Marzoli have been charged with attempt to manufacture a prohibited drug and will appear in the Perth Magistrate's Court on April 1.

Police say inquiries are still being made into Sunday's incident.

- with Aja Styles




The Dangerous Story of Crystal Meth

Crystal meth: The side effects of Breaking Bad in Ireland

“Crystal meth has ravaged whole communities in the US and the same is happening in Ireland,” said Father Peter McVerry.





PHOTO: Russell O'Callaghan bashed his former partner repeatedly over a two-day period, threatening to kill her in front of the couple's son.

The son of the West Australian Police Commissioner has been sentenced to more than three years in prison for bashing his former partner 18 months ago.

Over the course of the next two days Russell Joseph O'Callaghan, the son of the Western Australian Police Commissioner Dr Karl O'Callaghan, assaulted her, including putting her in a headlock, choking her, sitting on top of her, holding scissors at her throat and striking her to the face, arms and back.

Russell Joseph O'Callaghan made threats including that he was "going to bash the shit out of [her]", "gonna slit [her] throat", and said "if I can't be with you then I'm gonna kill you".

“..The ice issue comes up in every regional community forum, so our regional communities are telling us that ice is infiltrating those communities..”

“..There's anecdotal evidence that the increase in the purity of ice is partly down to the importation, ... because ice as we knew it, 10 years ago, it was something being made up in peoples' backyards or kitchens..”

“..It is very difficult because you remove one drug dealer, another drug dealer moves in, and you're seeing this pattern all over Australia, so it's quote a complex thing to deal with..”

" ..I think the idea of someone going to prison for rehabilitation is sort of a bit twisted, because it's no secret that there's simply not enough resources to provide rehabilitation for all the people in the prison system who have some sort of drug addiction problem…”

“..There's a view in some circles that addicts should be thrown into prison to dry them out but a couple of addicts, ex-addicts I've spoken to have said drugs are available in prison and they came out as addicted as when they went in…”

“..There's a view in some circles that addicts should be thrown into prison to dry them out but a couple of addicts, ex-addicts I've spoken to have said drugs are available in prison and they came out as addicted as when they went in…”

“..You're still seeing lots of ice coming from places like China, ... you seize a lot of ice but there's still a lot coming into the country so it's difficult, as much as you seize, more comes over the horizon…”

In an exclusive interview with ABC News, WA Police Commissioner Karl O'Callaghan reveals ice addicts are unlikely to get clean in jail, and says he believes the battle against the ice epidemic will take years to win.

The Commissioner said he believed it would take a multi-agency approach to combat the problem, with rehabilitation and education playing important roles alongside law enforcement.

Q. Commissioner O'Callaghan, is this an epidemic?

I think it can be described as an epidemic.

There's never been such a big focus on one single drug, certainly in the time I've been a police officer and the time I've been Police Commissioner.

So we focus a lot on drugs generally, but now we're focusing on one particular type of drug and we're seeing it impact every aspect of our lives.

Crime obviously, but it's affecting families, and in the health department and it impinges on us everywhere.

When people tend to look back at something similar they think about heroin in the 1970s, but they also say heroin didn't cause as much of an impact on people around the user.

It's the type of drug that ice or methamphetamine actually is, what it does is it causes people to actually become hyper-excited in a lot of circumstances, and they can become violent and aggressive ... unlike heroin.

And that spills over into the way they interact with the public and the way they go about their lives, and so it does have an impact on lots of people.

Q. Are police resources stretched in dealing with it?

Police resources are trying to find new ways of dealing with this so for argument's sake we are seeing an upward swing in the crime rate, we have to do something about that, we have to be able to respond and there's no doubt that ice and methamphetamine generally is taxing us and not just in Western Australia, all over Australia.

Q. Is it tying up an inordinate amount of police resources?

The flow-on effect of people using ice is tying up an inordinate amount of police resources, so if you look at suburbs where people are dealing in ice, using ice, you see a flow-on effect like increases in burglaries, increases in car thefts, increases in anti-social behaviour, increases in family violence and all of those things ultimately have an impact, not only on police, but on a whole range of other government agencies as well.

The crimes that are not necessarily associated with the using of the drug, or the selling of the drug, the extra crimes.

Definitely there are extra crimes and some of those crimes as we have seen are around theft and burglary, the people who are using ice wanting to get at property to convert it to cash to be able to buy drugs to feed their habit, so this is why we're seeing such a big impact on the crime rate.

An ice addict eventually has to be able to feed their habit, now the cost of ice is about $600 a gram, so that money has to be found from somewhere.

A lot of these people simply have to be able to commit crime to fund their habit, so if they weren't under the influence of ice or they weren't addicts, they probably wouldn't commit crimes.

Q. A counsellor told me the cost of a gram is about $300 and there have been comments from police where that it's up around $1,000. So, how much is it?

It does depend on a range of things, it depends on who the seller is, I think the average across Western Australia is about $600 a gram, it is $100 a hit if people want to buy it that way, obviously larger quantities run into the thousands and thousands of dollars.

Q. And probably more in the regions as opposed to Perth?

Well I think it's all about supply and demand and risk really, so that drives the price of drugs all over Australia.

Q. What about the regions, are we facing an epidemic outside of Perth?

I've been to a number of community forums in the past few months and the ice issue comes up in every regional community forum, so our regional communities are telling us that ice is infiltrating those communities.

It's having an effect on people in those communities, we're seeing it affect Aboriginal communities and remote Aboriginal communities, so nobody and no place in Western Australia is immune.

There's anecdotal evidence that the increase in the purity of ice is partly down to the importation of ice because ice as we knew it, 10 years ago, it was something being made up in peoples' backyards or kitchens.

Q. Is there evidence that there's been more importation than there has been in the past?

Ice by definition is the more pure form of methamphetamine, so we've seen since about 2010 a shift from people using methamphetamine to using ice, which is the more pure form.

Ice is currently about 65 per cent pure, so it's very high, it mostly comes in from China so although we've heard of clan labs and people manufacturing locally, that is only addiction-based and provides very small amounts of methamphetamine.

Q. Has the rule at chemists that stops people from buying pseudoephedrine in bulk had an impact?

We've definitely seen a reduction in the number of clan labs in Western Australia and around Australia generally, so people who want to go and buy pseudoephedrine-based products from the chemist now have to register, have to show some ID.

We think it is having some effect.

Q. Can that be chalked up as something of a victory, because there was a period there when there was a massive number of clan labs being discovered?

If we can connect the two things together, and I think we can, it has made a significant improvement, and the improvement is in two areas.

We're seeing less clan labs so less methamphetamine being manufactured for addiction purposes, but the big game has been the reduction in the danger to the community.

We've seen in the past of course some of those clan labs have been very volatile, they cause explosions and that has an impact on people living around the area where those things are being manufactured.

Q. Has information from the community helped the cracking down on the clan labs?

I think the community are much more involved in the discussion about meth and ice than they were some years ago, and I think part of that is to do with the shifting focus.

We're seeing a very significant national focus now, a 'joined up' response to the whole methamphetamine–ice epidemic.

Q. There's been a bit of publicity recently about a particular house in White Gum Valley, and residents asking why this so-called drug house can't be shut down, and then people rang up talkback radio saying 'There's one near our house'. Why can't those houses be shut down?

You can charge people who are dealing in the drug but you can't shut down a house, so you can actually go and charge them for the actual dealing, take them to court, they get a fine or they get some sort of punishment for that, but ultimately there's no power to shut down a house to stop dealing from that particular house.

And it is very difficult because you remove one drug dealer, another drug dealer moves in and you're seeing this pattern all over Australia so it's quite a complex thing to deal with.

Part of the thing for us is getting better intelligence.

One of the reasons we created last year the local policing teams in Perth was for them to spend more time focusing on suburban drug dealers, because we had a lot of complaints from the public, not just about the dealing, but all the anti-social behaviour flow-ons from a drug house.

There's a view in some circles that addicts should be thrown into prison to dry them out, but a couple of addicts, ex-addicts, I've spoken to have said drugs are available in prison and they came out as addicted as when they went in.

Q. To what extent are drugs available in prison and what's being done about it?

I think it's no secret that drugs are available in prison or they get into prisons.

There's been quite a bit of work done with the Department of Corrective Services on operations to target that, to stop drugs getting into prisons.

I think the idea of someone going to prison for rehabilitation is sort of a bit twisted, because it's no secret that there's simply not enough resources to provide rehabilitation for all the people in the prison system who have some sort of drug addiction problem.

These sort of addictions are not best treated in prison, they're best treated in proper therapeutic programs.

Rehabilitation in prison can never be as complete as rehabilitation in a dedicated facility.

If you're in a dedicated facility, you're there all day long, seven days a week dealing with your addiction.

If you're in prison you might get contact from a counsellor once a day or once a week or once every few days. So the whole program is different in the prison system.

Q. There have also been calls for ice to be legalised, is that conceivable?

That debate is really about health rather than about police.

We've seen that the use of ice has very significant impact on the health system, we know it causes psychosis, we know there's a lot of debate about what do we do with people who have mental health issues, can they be forcibly detained, forcibly rehabilitated?

The thing about legalising ice, the first thing that that would do, it would have a massive impact on our health system.

Q. Would there be more or less crime?

It's very difficult to say, I don't think there would necessarily be less crime because of it but we would certainly see some very big impacts across broader government systems.

Q. In relation to dealing with the ice problem, the Federal Government has said this won't be a 'quick fix' and there needs to be a multi-faceted approach. To what extent are police, authorities and other organisations helping each other already in relation to this?

There's a very, very strong national approach to the whole problem of methamphetamine and ice, so hundreds and hundreds of kilos have been seized nationally, a lot of work's been done with the National Crime Commission, the Australian Federal Police, and joint operations from each state.

Despite all the supply-side reduction, we're still seeing ice usage in Australia remain the same or increase slightly, so there's got to be another element.

There's got to be another key to unlocking this problem and I think that key is the proactive services like addiction services, education and health.

Q. A lot of ice seized and usage rates are still high - how can those two things be correct?

You seize a lot of ice but there's still a lot coming into the country so it's difficult. As much as you seize, more comes over the horizon.

Sometimes the strategy for police is not just about seizing the ice but actually going after the financials of the people who are selling it or who are in the supply route.

If you can hurt them financially, you have a much longer disabling impact than you might do by just seizing ice because it's like putting your hand in a bucket of water, you take it out, the water's still there.

You're still seeing lots of ice coming from places like China.

Q. Is it coming in the same way as other drugs?

It comes in by boat, it comes in by plane, a lot of it comes in by post, police are doing a lot more around postal hubs now; so scanning packages, doing much more scanning than we used to do in conjunction with Australia Post and other national authorities.

Ports are obviously involved, but you can imagine the size of every port in Australia and how many thousands and thousands of shipping containers there are in there, and what might be in any of those shipping containers.

While it's important to focus your resources on the basis of intelligence, there's always going be ways that drugs can get into the country.

A lot of these drugs are distributed by organized crime gangs from overseas, so it requires international work as well, it requires understanding of international supply networks and intelligence sharing.

Q. How long do you think it will be before we can see a reduction across the board in usage?

I think if we're brave enough as a community to stick with the proactive strategies - that is education, therapy and health intervention - we will see a change and we will see a reduction.

We've seen that with some other types of drugs, but it will take five or six years to achieve so it's not a quick fix, we're in a situation now where it will take a lot of effort with multiple authorities to make a difference.

Q. Is it the highly addictive nature of this drug that keeps it going, in terms of demand?

It's the impact that it has on people and how it makes them feel that makes them keep going back for it and as you say, the highly addictive nature of it.

And as the purity goes up of course that creates additional problems, particularly in terms of the health impacts of the individuals. So you know, doctors could talk about this a lot more than I could but psychosis is obviously a big issue for many people who take high purity amphetamines.

http://www.abc.net.au/news/2015-10-23/ice-age-meet-the-families-leading-the-fight/6878728


Topics: drugs-and-substance-abuse, police, community-and-society, wa



Crystal methamphetamine or 'ice'" 


WA methylamphetamine purity at highest level  
30th December, 2016

By Tom Wildie  30th December, 2016

http://www.abc.net.au/news/2016-12-30/big-rise-in-methamphetamine-purity-in-wa/8154472

The purity of methylamphetamine in WA is at the highest level ever recorded, prompting a warning from health authorities.

The State Government's chemical analyst, ChemCentre, said testing had shown a dramatic increase in the purity of the drug over the past 18 months.

ChemCentre illicit drug laboratory team leader Lecinda Collins-Brown said the agency tested more than 8,000 samples of illicit substances submitted by police this year.

"In 2010 the average purity was approximately 30 per cent for methylamphetamines," she said.

"Since then it has been steadily increasing and in 2014, the average methylamphetamine purity in samples that we were analysing here at ChemCentre was approximately 60 per cent.

"In the past 18 months that has increased again to approximately 75 per cent."

Ms Collins-Brown said the increase was probably a reflection of market demand for the drug.

"If drug users are wanting better-quality drugs and dealers can supply those drugs, then the average purity of seized drugs is likely to increase," she said.

Consequences could be death: ChemCentre

St John Ambulance asked revellers to take responsibility for their actions this New Year's Eve after recording a spike in meth-related incidents in November, with expectations December's levels would be similar.

"Last month we saw a 30 per cent increase in the use of methylamphetamine or people affected by methylamphetamine, leading to aggression, motor vehicle accidents, trauma which could have really being avoided," St John Ambulance general manager James Sherriff said.

ChemCentre has warned users it is impossible to know the purity of a drug by looking at it, as the powders are visually indistinguishable.

"If an individual was to consume same amount of each powder the effect is going to be significantly different," Ms Collins-Brown said.

"The consequences of that could be catastrophic, the person could become quite unwell or even die."

Mr Sherriff said changes to the chemical compound of meth was a factor in the number of incidents recorded in November.

"People who have taken it in the past and are used to taking it in the past are taking the drug like they used to take it, and it has really critical and adverse affects," he said.

opics: drugs-and-substance-abuse, police, community-and-society, wa


Crystal methamphetamine or 'ice'" 

http://www.abc.net.au/news/2016-12-30/crystal-methamphetamine-ice/8154602

Crystal methamphetamine or 'ice'  30 Dec 2016, 8:26am

The purity of methamphetamine in WA has jumped to 75 per cent on average




The Dangerous Story of Crystal Meth


Crystal meth: The side effects of Breaking Bad in Ireland

“Crystal meth has ravaged whole communities in the US and the same is happening in Ireland,” said Fr Peter McVerry.

HE DEADLY EFFECTS OF METH

The hideous look of crystal meth shows on the scarred and prematurely aged faces of those who abuse it. (Photo credit: courtesy Attorney General’s Office, Taswell County, Illinois)
The hideous look of crystal meth shows on the scarred and prematurely aged faces of those who abuse it.
(Photo credit: courtesy Attorney General’s Office, Taswell County, Illinois)


The short-term and long-term impact of the individual

When taken, meth and crystal meth create a false sense of well-being and energy, and so a person will tend to push his body faster and further than it is meant to go. Thus, drug users can experience a severe “crash” or physical and mental breakdown after the effects of the drugs wear off.

Because continued use of the drug decreases natural feelings of hunger, users can experience extreme weight loss. Negative effects can also include disturbed sleep patterns, hyperactivity, nausea, delusions of power, increased aggressiveness and irritability.

Other serious effects can include insomnia, confusion, hallucinations, anxiety and paranoia.1 In some cases, use can cause convulsions that lead to death.

Long-range damage

In the long term, meth use can cause irreversible harm: increased heart rate and blood pressure; damaged blood vessels in the brain that can cause strokes or an irregular heartbeat that can, in turn, cause cardiovascular2 collapse or death; and liver, kidney and lung damage.

Users may suffer brain damage, including memory loss and an increasing inability to grasp abstract thoughts. Those who recover are usually subject to memory gaps and extreme mood swings.

METH HARM

SHORT-TERM EFFECTS

  • Loss of appetite
  • Increased heart rate, blood pressure, body temperature
  • Dilation of pupils
  • Disturbed sleep patterns
  • Nausea
  • Bizarre, erratic, sometimes violent behavior
  • Hallucinations, hyperexcitability, irritability
  • Panic and psychosis
  • Convulsions, seizures and death from high doses

LONG-TERM EFFECTS

  • Permanent damage to blood vessels of heart and brain, high blood pressure leading to heart attacks, strokes and death
  • Liver, kidney and lung damage
  • Destruction of tissues in nose if sniffed
  • Respiratory (breathing) problems if smoked
  • Infectious diseases and abscesses if injected
  • Malnutrition, weight loss
  • Severe tooth decay
  • Disorientation, apathy, confused exhaustion
  • Strong psychological dependence
  • Psychosis
  • Depression
  • Damage to the brain similar to Alzheimer’s disease,3 stroke and epilepsy


 

Crystal Meth increases the amount of Dober Mine going to the brain by up to 3 times

This guy Ricci Ross was selling drugs, cocaine etc for the CIA $2-3 million a week and some days $2-3 million a day income for the CIA

Robert Bonner head of the Drug USA Enforcement  Agency says that the CIA and USA Government are in partnership with the Contras to bring Cocaine and

The CIA are major Drug dealer, with the co-operation of the USA Government and the banks were all the illegal drug money is laundered

Robert Steel was a top CIA Agent says that the poor people are the ones that suffer while the banks help to launder the money from the sales of illegal sales of drugs, who make the money form illegal drugs

The drug war is being uses against poor people with the help of bakers who lauder the money

Drug companies  makes the key ingredient to make Crystal Meth, this drug companies are getting about 10% to 30% of the profits on the world wide sale of Crystal Meth..

Illegal drug dealers selling marijuana will try and sell their customers hard drugs such as Crystal Meth,



Ice Effex

A new app lets you see what you’d look like if you decided to start a fairly major crystal meth habit. 
Essentially you would look withered, ill and covered in sores, as meth will absolutely fuck you up.



Shocking Before-And-After Drug Use Photos

Published on Oct 3, 2015

Top 10 most disturbing transformation photos of people that were addicted to narcotics.
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Description:
It’s hard to think of any drug prevention strategy more effective than simply being exposed to a real drug addict. Witnessing the degradation and deterioration of a drug abuser whose addiction has taken its toll offers a first-hand perspective on just how powerless certain people are against the potent sway of heavy drugs, not to mention the toll that they take on the body.

In 2014, drug treatment assistance website Rehabs.com put together a graphic, stunning compilation of photos that captured the physical regression of chronic drug abusers through their head shots. This rather pointed effort, which gathered the mug shots of those arrested multiple times for drug- and/or drug-related offenses, served to highlight the potentially catastrophic health effects of drug abuse in a raw, visceral and impactful manner. Physical changes seen through these images include skin lesions, decayed or missing teeth, open sores and premature aging, among other noticeable symptoms. It is important to note that not all of the deterioration and facial change seen within these people is necessarily the cause of drug use, but illicit substances have surely assumed at least some responsibility for the visible toll taken on these 10 individuals.

The Rehabs.com webpage aimed to serve as a source of education and inspiration, not only for those who came upon it but also for the addicts featured on the site. Lest anyone feel that the images are being used to shame, embarrass or exploit those in need of help, the website includes a disclaimer that not only invites users to request the removal of their photo, but also offers financial assistance for those seeking treatment. It also acknowledges that the images shown represent only the most extreme cases of drug abuse, but makes sure to mention that those featured in the images likely never anticipated such a slippery slope towards extreme addiction.

The statistics on drug abuse are pretty stunning. In 2013, over 24 million people reported that they had taken illicit drugs or abused prescription medication in just the past month alone. One year earlier, more than 1.7 million people had been admitted into treatment programs for substance abuse. While certainly representing a staggering number, that doesn’t address the vast majority of drug users in need of help. And although statistics can be impactful in their own right, the personal cost of drug abuse is probably best represented in the faces of those most affected by it.

Different drugs carry their own common side effects. Meth is known to cause facial wasting and open sores, cocaine can be an appetite suppressant and lead to weight loss, ecstasy often causes teeth grinding and even marijuana can age and pale the skin over time with excessive use. But even more than the symptoms of any one drug, the most damaging impact of substance abuse might be the mental side of the addiction, where recreating that high becomes a driving force in the addict’s life and leads to self-neglect. These 10 addicts wear the heavy cost of their drug abuse on their faces, plain for anyone to see.



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Three police officers stood down after testing positive for ICE… the same deadly drug that’s ruining lives across Australia

Three WA police officers stood down after testing positive to illicit drugs

The drugs include methamphetamines, known as ice, and amphetamines

Around 200 police at five suburban stations were tested on Monday 

PUBLISHED: 01:40, 3 December 2015 UPDATED: 02:28, 3 December 2015

Three police officers have been stood down after testing positive to illicit drugs including methamphetamines in random tests in stations across ice afflicted Western Australia.

Around 200 police at five suburban stations on Monday were tested for alcohol and drugs by officers from the WA Police Internal Affairs Unit.

Three constables tested positive to ice and amphetamines and have been stood down, a spokesperson confirmed to Daily Mail Australia.

WA Police Commissioner Karl O'Callaghan (pictured) said the three officers were stood down 'for the safety of the community and their frontline partners'

The samples are yet to be analysed and confirmed by the Chemistry Centre WA.

There remains a zero tolerance for any police officer found with illicit drugs in their system, Police Commissioner Karl O’Callaghan said in a statement.

‘Officers make critical decisions under duress and they must not be affected by illicit substances or alcohol,’ he said.

‘This is for the safety of the community and their frontline partners.

‘Monday's day of action by Internal Affairs should send a sobering warning to any officer using illicit substances at any time.’

Regulations to allow random and target drug and alcohol testing were introduced in December 2011.

During the four years of testing, a further 11 officers have exceeded 0.02% blood alcohol levels and a further seven officers have tested positive to illicit drugs, police said.

Excluding the most recent three officers, two officers have tested positive to cannabis, one to methamphetamine, two to MDMA and one to anabolic steroids.

+3

‘Officers make critical decisions under duress and they must not be affected by illicit substances or alcohol,’ Commissioner O'Callaghan said (stock of WA Police car pictured)

Around 200 police at five suburban stations on Monday were tested for alcohol and drugs by officers from the WA Police Internal Affairs Unit. Three constables tested positive to ice and amphetamines and have been stood down (stock photo)

Six resigned prior to the conclusion of a Loss of Confidence Process, and it was accepted that the seventh may have unwittingly ingested a steroid in an exercise supplement.

Since 2012, almost 9,500 tests have been conducted on WA officers and less than one per cent (0.07%) have tested positive to illicit drugs.

But Commissioner O’Callaghan said it was important to identify the few.

‘However small the number of officers affected, we remain committed to identifying these people and taking swift action against them for everyone's safety,’ he said.

It was recently reported that artificial, synthetic urine has been sold across West Australia 

It was recently reported that drug dealers have been selling artificial urine as a package deal with methamphetamine.

However, Safework Laboratories can identify synthetic urine.

On average, it has been identified once a month throughout Australia, but six positive tests were recorded in WA alone in October by Safework Laboratories.

In September, 320kg, worth $320 million, of ice was seized by police in the state, Nine News reported.

It was the biggest haul ever recorded in Western Australia, with the equivalent of 3.2 million individual hits of the drug.


Top 10 Deadliest Street Drugs

Published on Oct 25, 2015

People will try anything for a quick high, even at the risk of rotting limbs, amnesia, heart attack, and cannibalism. 

Get your Alltime10s fix with the 10 deadliest street drugs, and find out who's downing cough syrup, shooting up gasoline, and smoking rat poison. 

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  1. Scopolamine ...

http://www.thejournal.ie/crystal-meth-ireland-930063-Jun2013/

New App Shows Devastating Effect Of Crystal Meth On Your Face

BY : JAMIE ROBERTS



https://www.youtube.com/watch?v=jVWIpjhbcbk

Meth has been around on the back street  from the 1950’s …
 but the use of common cold tablets to make meth came popular …

You would think they would not do stupid stuff like this. Notice the equipment he is using has been used before. He probably makes it all the time and sells it on the side. lol Just think about the tax dollars he wasted in doing this and for paying for the disposal of this hazardous waste. He has become an expert in the very thing he is trying to stop. Then he makes a video of it? I would never post videos about how to make drugs or do other illegal things. This I just had to post. Straight from the oppressive source. It doesn't get any better than this. Law enforcement with the cooperation of the stupid media are the ones the blew up this epidemic. If a cop wanted to provoke citizens and even children to make meth, I don't think he could do a better job than this. Only in Amerika



tp://www.dailymail.co.uk/news/article-2566597/Pictured-Mothers-horrific-injuries-inflicted-thug-brother-tried-calm-allowed-walk-free-court.html

Woman suffered horrific injuries after her BROTHER attacked her when she tried to calm him down... but he was allowed to walk free from court

               Stephen O'Callaghan punched sister Sharon after a night out drinking
 

             She was knocked out and had a broken nose and jaw injuries

              Sharon O'Callaghan's son was in next room as she was attacked

             O'Callaghan was given a suspended 12 month sentence

                    am Webb

               PUBLISHED: 12:25, 24 February 2014

           A battered mother-of-one has bravely gone public to reveal the horrific injuries she suffered after she was attacked -
 by her own brother.

          But although Sharon O’Callaghan, 31, was left scarred for life after she was knocked unconscious and suffered 
a broken nose and damaged jaw,               Stephen O’Callaghan walked free from court.

          Today Miss O'Callaghan, from Blackburn, Lancashire, said: 'I feel let down by the justice system after 
what he did to me and what he has now go
         away with.

'        'What have you got to do to get justice in this day and age if someone can do that and get away with it? 

+6

Horrific: Sharon O'Callaghan, who suffered severe injuries when her brother punched her

+6

Stephen O’Callaghan, 32, carried out the attack while drunk after a night out

'My injuries speak for themselves. Next time he does this, someone will be dead. If that’s what he will do to his own sister, then there’s no telling what he’ll do to other women.'

O’Callaghan, 32, - who has a history of domestic violence against ex-girlfriends - carried out the attack while drunk at the home he shares with his mother after an evening out in June last year.

 

His girlfriend had begun receiving phone calls and text messages from an ex-partner and as Stephen O’Callaghan flew into a rage, his worried sister intervened.

During a scuffle, Stephen O’Callaghan knocked out Miss O'Callaghan with a single punch to the face. She fell to the floor of the kitchen and as well as her other injuries she was left with a bulging bruised eye.

She had pictures taken of her injuries.

Last Friday unemployed father-of-one Stephen O’Callaghan admitted assault occasioning actual bodily harm.

Stephen O’Callaghan had previously served a 100 day prison sentence in 2007 for common assault

But he was given 12 months custody, suspended for 18 months after Preston Crown Court was told he had gone to a therapy group called 'Make The Change' to address his domestic violence 'rages'.

After the case Miss O'Callaghan, whose eight year old son was in another room at the time of the attack, added: 'I honestly thought my brother was going to go to jail and I’m absolutely mortified that he hasn’t. I can’t believe he’s been allowed to walk.

'He has been in prison before for knocking out his girlfriend and obviously hasn’t shown any remorse for him to do it again. 

'I’m just glad I wasn’t in court because I would have cried if I had myself seen him walk free. At the time of the attack, my friend ran out of the room to stay with my little boy and stop him from seeing what his uncle was doing.

'When she came back into the kitchen she found me unconscious on the floor.

'I still have to walk past my brother’s house twice a day to take my son to and from school. How do I tell my son that he has been able to walk away after doing this?

+6

Miss O'Callaghan tried to intervene when her brother flew into a rage over texts sent to his girlfriend

'My brother is a compulsive liar, he hasn’t shown any remorse - the only consolation is he can be named and shamed. He went on that course to play the system and he has come up smelling of roses.'

Prosecutor Mr David Traynor said Miss O'Callaghan was left with a 3cm triangular laceration to her forehead which will leave permanent scarring as well as bruising to her left eye and left jaw, as well as soft tissue injury.

She was taken to Royal Blackburn Hospital where she was given a CT scan and stitches for her head injury. She also needed an MRI scan as her memory of the attack never fully returned.

In a victim impact statement she said that seven months after the attack she still suffers from pain in her lower jaw and said her family has been split after her mother sided with her son.

Mr Traynor added: 'She still feels very anxious as a result and fears bumping into the defendant and something else happening. She stresses that her mother has effectively sided with her son and has left her very upset.

+6

Sharon was left with a 3cm triangular laceration to her forehead which will leave a permanent scar

'This is a case of greater harm, the injuries are towards the top end. This is a domestic-type incident, it is not just partners who are covered but family members too.'

O’Callaghan had previously served a 100 day prison sentence in 2007 for common assault and days later a battery charge which was dealt with by a fine.

In mitigation defence counsel Mr David Ryan said his client had shown 'genuine remorse' and added: 'He had an argument with his then girlfriend and the complainant for whatever reason decided to involve herself in the argument.'

He claimed O’Callaghan had since been beaten up by a group of men who told him: 'That’s what you get for assaulting your sister'.

Sentencing, the judge Miss Recorder Anna Vigras said: 'Your record, in relation to violence and domestic situations is not a good one.

'Even bearing in mind your guilty plea it would be an immediate custodial sentence if not for the fact you have undertaken work in the Make the Change programme and had the opportunity and taken the opportunity to reflect what happened that evening.

'For your guilty plea I give you credit and for the work you have done and in terms of your remorse I am able to impose a sentence of prison but it is suspended.'

O’Callaghan was also ordered to complete 150 hours unpaid work. He must also stay away from his sister for two years under the terms of a restraining order.

Shigufta Khan, an Independent Domestic Violence Advocate based in Blackburn, said after the case: 'I really think that women are feeling more empowered and more confident to speak out and to report crimes.

'So often victims of violence feel that they are totally alone and that nothing like this is happening to anyone else and what Sharon is doing is offering a type of peer support to other women that may be suffering.'

Det Con John Banks of Lancashire Police said: 'The injuries Sharon suffered were horrific. I am really pleased that Sharon has chosen to share her story and I hope that it encourages more victims to report these types of crimes.'



Read more: 
http://www.dailymail.co.uk/news/article-2566597/Pictured-Mothers-horrific-injuries-inflicted-thug-brother-tried-calm-allowed-walk-free-court.html#ixzz4cABJjUnF 
Follow us: 
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+6

Stephen O’Callaghan, 32, carried out the attack while drunk after a night out


Government renews Police Commissioner's contract

UPDATED MON AUG 13 2012

http://mobile.abc.net.au/news/2012-08-13/government-decides-on-police-commissioner/4195662

Karl O'Callaghan says the uncertainty has been distracting and he is keen to move forward.

ABC TV

The Police Commissioner Karl O'Callaghan has been re-appointed for a third term.

State cabinet approved a three year contract this morning.

The Premier Colin Barnett says the re-appointment was made possible after the CCC cleared the Commissioner of any misconduct relating to the use of his credit card.

Mr Barnett says Mr O'Callaghan has the full support of the Cabinet.

He says he now wants the Commissioner to focus on healing divisions with the upper echelons of WA police.

"There's clearly been some issues in the senior levels of the Police Service," he said.

"He has to now pull that organisation together and make sure the nearly 6,000 policemen and women out there are doing their job, which they are, in fighting crime in this state."

Deep divisions were revealed after the executive director of WA Police, Greg Italiano, accused the Commissioner of lacking an 'ethical compass'.

He also told the CCC that other senior officers felt the same way.

Mr O'Callaghan says the uncertainty has been distracting and he is now keen to move forward.

"We're going to sit down and look at new ways of doing things," he said.

"I think the team's fairly energised."

Mr O'Callaghan hopes to fill senior police roles, including three assistant commissioners and a deputy commissioner, within a month.

Unsubstantiated allegations

Mr Italiano, who is on leave, had put in a submission to the CCC to say he stopped signing off on Mr O'Callaghan's credit card statements in October 2010 because he "no longer wished to be put in the position of having to approve his expenditure".

But, he could not recall any specific transactions that were clearly outside police policy.

The CCC concluded the allegations could not be substantiated.

Mr O'Callaghan said the CCC report has made him wary of getting too close to senior colleagues.

Last week, he said he had previously considered Mr Italiano a friend and was shell-shocked by the statements.

He declared their working relationship untenable.

"One of the problems with getting too close to people you work with in senior positions, is it's very easy to over trust them," he said.

"Once you start to trust people and you distance yourself from, I suppose, a more inquisitorial style and you leave people to go about their business, then you can end up with something like this.

"My feeling is I've been kicked in the guts by someone who I've worked closely with for a very long time," he said.

Mr O'Callaghan had said their working relationship cannot continue.

"I don't know what his motive was but it would seem a very strange thing to do," he said.

"I mean if you make a complaint that there are concerns about somebody's corporate card expenditure, and you go before an inquiry, you would expect to have one or two examples."

Mr O'Callaghan says anti-social behaviour and alcohol abuse are among the top priorities for his third term.


Ice Age: 7:30pm Friday night on ABC TV, meet the families leading the fight against ice addiction in WA’s regional towns

Updated 23 Oct 2015, 5:14am

Meet the families leading the fight against ice addiction in WA’s regional towns

ABC NEWS

Source: ABC News | Duration: 34sec

Topics: drugs-and-substance-abuse, wa

Liam Bartlett: Why WA Police Commissioner Karl O’Callaghan has crossed the line

LIAM BARTLETT, PerthNow January 30, 2016

http://www.perthnow.com.au/news/opinion/liam-bartlett/liam-bartlett-why-wa-police-commissioner-karl-ocallaghan-has-crossed-the-line/news-story/242653481717b584f10b3322f25f6a76

RADIO BATTLE: Karl O’Callaghan and Mark McGowan in on-air slanging match

600 CRIMES EVERY DAY: Police clueless over WA’s crime surge

CRIME INCREASE: WA Labor says Perth crime statistics are ‘devastating’

POLICE FIGURES: Extent of WA’s crime wave revealed as assaults, thefts increase

THE crime rate in this state is scandalous. Recording double-digit growth every month for the past seven months and currently 17 per cent up on last year, it’s beginning to impact on thousands of hard working West Australians.

People like “Mark” who woke about 4am on Wednesday, January 20, to discover two burglars in his Yokine home.

He chased them off the property and called police to make a statement at 4.15am.

About 5.30am he realised the iPhone that had been nicked was switched on, so using the Find My iPhone app he jumped in the car and tracked down the handset to an address in Embleton.

At 6am Mark phoned police with the details and was told they would “send the first available”. Two more calls later, the operator still couldn’t give him an ETA.

Exasperated, Mark had to go home to attend work but officers later told him the iPhone tracking app was not accurate enough to establish a warrant so they couldn’t knock on the door and demand entry anyway.

Undeterred, the next day Mark returned to the house and within five minutes of promising to doorknock the neighbours and let them know what they were living next to, convinced the occupants to hand over the stolen goods.

He’d achieved, as a simple, concerned citizen, what highly trained officers could not.

Frustrating scenarios like this that are symptomatic of a policing model ironically titled “Frontline 2020” – a system being led by a commissioner more concerned with playing politics and protecting his legacy than fixing the broken cogs in a wheel that has well and truly come off the tracks.

Karl O’Callaghan has been the state’s top cop for close to 12 years.

When you consider the leader of the free world is only allowed to serve eight, it’s more than possible Mr O’Callaghan has become stale, tired and autocratic.

On Tuesday, it also became crystal clear that he has run out of ideas on how to fix the problem.

That’s when he resorted to launching a political attack on the two most senior members of the State Opposition on Perth’s 6PR radio.

Mark McGowan fired back at Karl O’Callaghan on radio last week.

Western Australian Police Commissioner Dr Karl Joseph O'Callaghan said politicians didn’t bother to turn up to community meetings.

Labor has rightly been scathing of the failures of Frontline to deliver effective policing despite being in place for over a year but the commissioner decided to make it personal.

“We offered all parliamentarians a full briefing and …. ask us questions and very few turned up and Mark McGowan wasn’t among them”, he protested.

“He decided not to turn up at all and so missed the briefing completely … neither did Michelle Roberts for that particular event”, he said.

But he was wrong. It turns out Michelle Roberts was there, on behalf of Mr McGowan but that small fact didn’t bother big Karl.

He went on: “We’ve also had community events to explain to local communities like Rockingham and Mandurah and others about the changes,” he said.

“I’m happy to offer a broader briefing to politicians if they bother to turn up”.

Well, whoops again. The Opposition Leader did turn up – to one of two community briefings in Rockingham – and sent his two electorate officers to the other one.

Mr O’Callaghan has since sent a text message of apology to Ms Roberts. Mr McGowan is still waiting.

But for Western Australian Police Commissioner Dr Karl Joseph O'Callaghan, it wasn’t simply wrong. It was an embarrassment to hear the leader of a law and order agency make such a fundamental error of fact.

And to use briefings that happened 18 months ago reeks of a drowning sailor clinging to the nearest piece of driftwood.


Police minister Liza Harvey.

It’s almost as cringe-worthy as some of the homilies that he and his sidekick, Police Minister Liza Harvey, have delivered to explain why the crime rate is surging and the response times slowing.

First it was leaving valuables in the car at the beach, then the ice epidemic taking over the globe and then it was our fault for not locking doors and windows at home.

Maybe the most breathtaking was being informed that we now live “in a big city” and had to change our way of thinking.

It can only be a matter of time before alien abduction is wheeled out at the next press conference.

​The Minister’s lack of public criticism of the commissioner’s political power play is disappointing but not unusual.

Despite recent damning reports detailing poor police conduct and systemic failures in the elite investigating body, she still sits firmly at the commissioner’s right hand. ​

Missing in action would be too kind an explanation. Mrs Harvey is paid top dollar in the ministry to ensure police deliver the right service to taxpayers.

Her first and last priority is to the people, not to the commissioner and she would do well to remember her obligations fall in that order.

Little wonder that some party members think she is not up to the job and ​have ​started the​ backroom machinations to quash her deputy leader ambitions and push Mike Nahan forward instead.

For the commissioner, the line has been crossed.

If he wanted to be police minister, he should have run for office, but while he holds an apolitical position of authority he should respect it and leave the public debate to those who are answerable to the public.

He could do worse than to concentrate on policing and ensure response teams were properly resourced and brought back from the “breaking point” that their union estimates they’ve reached.

However, after he flagged retirement in August 2017, the Barnett Government is now faced with a seat warmer who has lost his mojo.

If it can’t find a solution, the “Marks” in the suburbs will give the opposition a chance to hold their own briefings.

Liam Bartlett is a journalist with Channel Nine and can be seen on 9 News Perth

Email: lbartlett@nine.com.au

Police figures reveal extent of WA’s crime wave as assaults, burglaries, theft increase

PHIL HICKEY, PerthNow January 6, 2016 

http://www.perthnow.com.au/news/western-australia/police-figures-reveal-extent-of-was-crime-wave-as-assaults-burglaries-theft-increase/news-story/c77efcb8bbdf5b97c2afbd5a2d89ea45

CRIME across WA surged again in November with assaults, burglaries and theft among the offences with the biggest rise.

Police figures released on Tuesday show there were 3785 “crimes against the person” across WA.

That’s compared to 3260 such offences in November 2014.

Among the 3785 offences committed in November 2015 were 1726 domestic assaults and 1120 non-domestic assaults.

Theft cases last November rose to more than 8400 compared to just under 7000 the previous year.

Police were so concerned by the surge in crime that in August they announced Operation Sweep, a dedicated operation targeting “unseasonal crime trends” in the metropolitan area.

The operation commenced on August 17 in response to a 19.6 per cent crime increase last July, compared to July 2014.

Police Minister Liza Harvey. Picture: File image

The operation ceased on November 1.

Senior police bosses said in November the full effects of the operation will likely be realised in the months ahead.

Police Minister Liza Harvey has previously said she believed a major driver behind the crime wave was Perth’s ice problem.

“There is no easy lever we can pull here, we just have to keep working on it and keep trying to round the offenders up and particularly people peddling drugs in the community,” she said in late November.

Perth crime statistics ‘devastating’: WA Labor

AAP January 25, 2016 

http://www.perthnow.com.au/news/western-australia/perth-crime-statistics-devastating-wa-labor/news-story/b8f1917fb7872874a219cfcdfa3aa941

THE WA police commissioner has defended the state’s crime-fighting model amid calls from the opposition to scrap it.

Statistics released by Labor, attributed to the WA Police website, show an 89 per cent increase in the number of robberies in Perth and a seventh consecutive month of double-digit crime increase.

Opposition Leader Mark McGowan said the “devastating” crime figures were a clear indication the state government’s policing model was not working.

“They need to get back to more traditional forms of policing, of police being on the street available, ready to respond at a moment’s notice,” he said.

WA Opposition Leader Mark McGowan. 

But Police Commissioner Karl O’Callaghan said the opposition had been misleading with its statistics.

“It would be fair to say that crime remains at about 17 per cent above the previous year’s figures but it’s not correct to say it’s another increase,” Mr O’Callaghan told AAP.

“Because that gives you the impression there has been a double digit increase over the previous month and that’s not true,” Mr O’Callaghan said.

Mr O’Callaghan conceded there were parts of the state’s policing model than needed work, but said scrapping the entire system wouldn’t cut crime rates any faster.

“There may be aspects of the model that require tweaking and I accept that,” he said.

“We’ve done some of that already and will continue to do that, but I think its more complex than saying `the model isn’t working - lets scrap it and move on’.”

“It’s very easy for the opposition to say `it’s the model’ but we’re also seeing an increase in crime in regional WA where there is no new policing model.”

Acting police minister Bill Marmion said the Frontline 2020 policing strategy was about “working smarter” to target crime through several strategies.

He said the state government had also committed to adding a further 550 officers.

“It is a nonsense to suggest that we abandon a model that has resulted in more officers on the front line, more police cars on the road and significant increases in charges and prosecutions,” Mr Marmion said.

WA Police Commissioner Karl O’Callaghan and WA Labor leader Mark McGowan in on-air slanging match

KATE CAMPBELL, PerthNow January 26, 2016 

http://www.perthnow.com.au/news/western-australia/wa-police-commissioner-karl-ocallaghan-and-opposition-leader-mark-mcgowan-in-onair-slanging-match/news-story/9f04431b3842c80abb2fab6e7f35d754

CRIME INCREASE: WA Labor says Perth crime statistics are ‘devastating’

POLICE FIGURES: Extent of WA’s crime wave revealed as assaults, thefts increase

POLICE Commissioner Karl O’Callaghan and Opposition Leader Mark McGowan have clashed on-air over WA’s controversial policing model with the police chief accused of being politically partisan.

In an interview on 6PR Radio on Tuesday, Mr O’Callaghan was responding to calls from Labor to scrap the much-maligned Frontline 2020 wake in the wake of the seventh consecutive month of double-digit increases in the crime rate compared to the same period the year before.

He said calls to axe the model were “overly simplistic” and accused Mr McGowan and opposition police spokeswoman Michelle Roberts of failing to attend bipartisan briefings.

“One of the things that concerns me is last year we offered all parliamentarians a full briefing and an opportunity to put ideas forward and ask us questions and very few turned up and Mark McGowan wasn’t among them, he decided not to turn up at all ... neither did Michelle Roberts,” he said.

http://www.perthnow.com.au/news/opinion/liam-bartlett/liam-bartlett-why-wa-police-commissioner-karl-ocallaghan-has-crossed-the-line/news-story/242653481717b584f10b3322f25f6a76

WA Police Commissioner's son Russell O'Callaghan sentenced to three years in prison for drug-fuelled bashing of ex-partner

By Joanna Menagh  2 Feb 2016, 

http://www.abc.net.au/news/2016-02-02/russell-ocallaghan-son-wa-police-commissioner-sentenced-assault/7132740


Comments on commissioner on the Western Australian Police Commissioner Dr Karl Joseph O'Callaghan

So, it's pretty obvious that despite the decade long "Macro Task Force" the most expensive criminal investigation ever held in the southern hemisphere ... they simply allowed the CSK to slip though their fingers ... and a list of women here in Western Australia and also in Queensland, paid the price with their lives, for this absolute failure of basic policing...

And what REALLY pisses me off?

Our current Western Australian Police Commissioner .. Dr Karl Joseph O'Callaghan ..... who has been with this very Western Australian Police Force since 1974 - so over 40 years and the last decade he has been the Western Australian Police Commissioner ... and in all that time .... our current Western Australian Police Commissioner .... Dr Karl Joseph O'Callaghan hasn't done ONE single thing to fix the systemic problems with the Major Crime Squad? (Not to mention he - our current Western Australian Police Commissioner .... Dr Karl Joseph O'Callaghan .... also hasn't cleaning house of all the corrupt police as well) ...

And this failed Police Commissioner's reward?

A contract extension for a further 2 years from the Liberal Western Australian Government run by Premier Colin Barnet, Police Commissioner Liza Hervey and Attorney General Michael Minschin ...

Taken from
https://m.facebook.com/ShirleyJuneFinn/posts/1666095920286428

and

 R v Wark, Francis John  (2006) QCA 172

Files Numbers:

CA No 340 of 2007 DC No 651 of 2007 DC No 547 of 2007

Applicant Appellant: WARK, Francis John

Delivered on:  27 June 2008
Brisbane

Originating Motion:

District Court at Cairns

Proceeding: Sentence Application

Division: Court of Appeal

Court of Appeal

Hearing Date: 26th May, 2008

Delivered on: 2th June, 2008

Judges: McMurdo P, Mackenzie AJA and Cullinane J 
Separate reasons for judgment of each member of the Court, 
each concurring as to the orders made

https://m.facebook.com/ShirleyJuneFinn/posts/1666095920286428

WA Major Crime is one giant cluster-phuk of monumental proportions!

Why has it taken this long to recognize the obvious?

We had just one coroner and were more than a DECADE behind schedule on coroners inquiries.

Now we have 4 coroners ...MAYBE we might catch up one day!

WA Labor Government " promised" a coroners inquest into the disappearance of Hayley Marie Dodd in July of 1999 - would be held in 2004!

A Decade later our current Police Minister Liza Harvey of the "Now WA Liberal Government" promised a coroners inquest into the disappearance of Hayley Marie Dodd in July on 1999 to be held in January of 2014.

An here we are, in June of 2015 - almost 16 years (next month) since this child Hayley Marie Dodd vanished ....

And STILL NO FRICKEN CORONERS INQUEST!

Oh!!!!! Yes!!!! 

The Western Australian Major Crime Squad are "convinced" that they have their man and will extradite John Francis Wark from Queensland to be tried for her (Hayley Marie Dodd's) homicide.

The same Western Australian Major Crime Squad described in this article who couldn't find the cheeks of their own arse with a sniffer dog to smell it out and a mirror on a big stick to view it!

They ( the Western Australian Major Crime Squad) have NO PHKKIN IDEA!

Yeah this guy John Francis Wark is involved for sure.

But did he (John Francis Wark) act alone?

Nope!!!

He (John Francis Wark) committed other crimes while he was here is Western Australia that again the Western Australian Major Crime Squad failed to discover and they allowed him (John Francis Wark) to escape to Queensland in late 1999 out of the Western Australian legal jurisdiction?

Of course WAPOL have at least partial DNA from the 2 CSK victims. What they said publicly about not having any (at least partial DNA) was probably to try and make the suspect more confident and not flee Western Australian Jurisdiction before they could catch him!

Why would anyone in 1996/1997 pay the large amount of costs back them to DNA all the taxi drivers if you have no at least partial DNA sample against which to compare it?

It just doesn't make any sense.

(quote)

Weygers was one of about 100 men initially interviewed by detectives in the rush of activity. In the years since, his significance has been mostly dismissed by the police, But that changed in dramatic circumstances last week  when detectives staged a very public search on his Claremont home, during which **** he (Waygers) was compelled to give a DNA sample *** (quote).. Why take Weyger's DNA by force with a warrant - if there's no sample against which to compare it?

Google search Mark Dixie and CSK and you'll see WAPOL went all the way to the UK to get Dixie's DNA and used it to eliminate him (Dixie) as a suspect for CSK, even though he (Dixie) was here in 1996/1997 working as a chef in Claremont (the Continenal Hotel, Bay View Terrace, Claremont) under an assumed alias at the time and his MO for his murder conviction in the UK closely matches the 2 located CSK victims?

How did they eliminate him (Dixie) if it wasn't with a DNA sample against which to compare?

Sally Anne Bowman

https://en.wikipedia.org/wiki/Murder_of_Sally_Anne_Bowman

Sally Anne Bowman (11 September 1987 – 25 September 2005) was an English singer and model who was murdered in the early hours of 25 September 2005 in CroydonGreater London. Bowman, aged 18 at the time of her death, had been robbed, raped and repeatedly stabbed. Mark Dixie, who had a history of robbery and sexual offences, was convicted of the murder and sentenced to life imprisonment with a recommended minimum of 34 years.

Life and Career

Bowman, born on 11 September 1987 in CarshaltonGreater London to Linda and Paul Bowman (who later divorced), attended the BRIT School for Performing Arts and Technology in Croydon. She had dreams of one day appearing on the cover of Vogue and had been compared to Kate Moss. Bowman worked part-time as a hairdresser and model. In January 2005, Bowman joined Pulse Model Management, a local modelling agency. She became the face of Swatch watches,  and took part in the Swatch Alternative Fashion Week in April 2005. She described her experience there. "I was so nervous all week particularly when all the models were lined up and the designers chose who they wanted to model their clothes—luckily I was picked by loads of designers which gave me more confidence.", Bowman said, describing her experience.

Murder

At 10 p.m.  on 24 September 2005, Bowman, her half-sister, Nicole, and some friends went to Lloyds Bar in Croydon, where they stayed until 1 a.m. After leaving the bar, Sally Anne waited outside for 15 minutes before being taken to a friend's house by taxi.  She contacted her ex-boyfriend, Lewis Sproston, with whom she had recently broken up, and he agreed to pick her up and take her home after she told him Nicole had been arrested for fighting. She took a taxi back into Croydon town centre, where Sproston picked her up at around 2:20 a.m. and drove her to her home in Blenheim Crescent.  While in the car, Bowman and Sproston quarrelled, accusing each other of infidelity. Shortly after 4 a.m., Bowman left the car and Sproston drove off. Minutes later, Bowman was stabbed in the neck and stomach, and then raped as she lay dead or dying. Her handbag, cardigan, underwear and mobile phone were stolen. Police initially treated Sproston as a suspect, and was subsequently arrested but after being held for four days, DNA evidence eliminated him as a suspect.

Mark Dixie was accused and charged with the assault and murder of Bowman. At the Old Bailey on 22 February 2008, Dixie was found guilty of Bowman's murder by a unanimous verdict after three hours of jury deliberation. He was sentenced to life imprisonment with a recommended minimum of 34 years, by which time he will be 70 years old. This is among the longest minimum terms ever imposed upon a single murderer.  It was then revealed that Dixie was already a convicted serial sex offender.

Following Dixie's murder conviction, Detective Superintendent Stuart Cundy, who had led the Bowman investigation, said: "It is my opinion that a national DNA register—with all its appropriate safeguards—could have identified Bowman's murderer within 24 hours. Instead it took nearly nine months before Mark Dixie was identified, and almost two-and-a-half years for justice to be done."

The calls for such a register were, however, turned down by ministers and other politicians who claimed that it would raise practical as well as civil liberties issues.

A documentary about the murder was broadcast on BBC One on 8 April 2008. Another TV documentary, as part of ITV's Real Crime series documented Bowman's killing, with interviews, the history of the case and reconstructions included, aired on 29 June 2009.

Mark Dixie

Mark Philip Dixie (born 24 September 1970) was born in Streatham. When he was 18 months old, his parents separated. When he was 8, his mother remarried; she had two sons by her new husband. Dixie took his stepfather's surname, McDonald.

Dixie's criminal record begins in 1986. Between then and 1990, he was found guilty of robbery, burglary, assaulting a police officer, indecent assault, indecent exposure and assault occasioning actual bodily harm. He lived in Australia from January 1993 until he was deported back to the UK in April 1999 after being fined for indecent exposure. He lived in London until moving to Spain in 2002. He moved back to England in 2003.

Dixie later started work as a chef at Ye Olde Six Bells pub in HorleySurrey. He was arrested on 10 June 2006 in nearby CrawleyWest Sussex,[16] after being involved in a fight while watching an England vs Trinidad and Tobago World Cup football match. His DNA was taken and matched with that of Bowman's killer!

Dixie denied the murder. As part of his defence he claimed he had spent the night drinking and taking drugs, and had gone out to buy more cocaine. He claimed to have come across the body of Bowman, murdered, he said, by a third party, and had sex with her after she was killed.

Dixie's DNA matches that left at a sexual assault in 2001, where it is believed he masturbated in front of a woman in a telephone booth. 

In October 2006, Dixie's DNA was sent to Western Australia to be tested against that of the DNA evidence in the Claremont serial killer case between 1996 and 1997, as it is believed he was in the area at the time of the killings, and may have committed them.  At his trial for the murder of Bowman, an unnamed Thai woman gave evidence that Dixie had stabbed and raped her in Australia in June 1998 in Subiaco, Western Australia whilst Dixie was burgling her house; Dixie has yet to be formally charged with this attack, though a DNA sample from the woman's underwear has been matched to him. 

Aftermath

On 11 September 2008, a memorial was held to mark what would have been Bowman's 21st birthday. Balloons were released in Central Croydon outside Primark in North End. 

(quote)

In October 2006, ***** Dixie's DNA was sent to Western Australia to be tested against the of the DNA evidence in the Claremont Serial Killer case between 1996 and 1997, *** as it is believed he was in the area at the time of the killings, and may have committed them (12) At his (Dixie's Trial for the murder of Bowman, an unnamed Thai woman gave evidence that Dixie had stabbed and raped her in Australia in June 1996 in Subiaco, Western Australia whilst Dixie was burgling her house Dixie has yet to be formally charged with his attack, though a DNA sample from the woman's underwear has been matched to him (quote).

Yet WAPOL would have everyone believe they have no DNA from the 2 found CSK victims!

(quote)

The report also says that  ****police found no offender's DNA on the bodies of the two women who have been found, Jane Rimmer and Ciara Glennon.

The bodies were exposed to the elements for too long *** (quote)

So which is it WAPOL? You either have DNA or you do not have DNA?

The facts suggest, WAPOL Major Crime Squad are full of sh!t - or just 100% totally fricken incompetent, and incompetence that has cost further innocent women's lives!

You don't need the (Full) DNA sample even --- all you need is lower the suspect pool from every man in Perth in 1996 - to just one family tree!

It's called familial DNA sequencing! Developed as part of the 9/11 twin towers collapse to identify - 3,000 people from minor fragments of remains recovered.

So of course WAPOL have SOME kind of DNA sample (even it just parcial!) IMHO.

I suspect Wark of possiible CSK and Julie Cutler, Lisa Brown, Lisa Govan, Hayley Dodd, Kathleen O'Shea and his 2006 Queensland victim and so of a long while ago - prior in fact to Queensland coroner identifying him as a suspect  in Kathleen O'Shea's disappearance in 2005.

The this is 'dead/missing' women follow this poor bastard around "geographically speaking" ... apparently!

in 1988  he (John Francis Wark) lived with his parents in Cottesloe (aged- 32 I think) according to the electoral role for the time!

Also in 1988 Julie Cutler  vanished on her way home from the Parmelia Hotel and her car was found floating off the Cottesloe Groyne!

When in Badgingarra in 199 - he had a job as the school gardener. Did he get this job because he had a work reference from Iona - a prestigious women’s college in Cottesloe/Peppermint Grove/Perth.

Did he leave Perth for Badingarra in 1007/98 because things were too hot for him in Perth due to the CSK Marco Task Force

July 1999 Hayley Dodd vanishes, within a few miles of - John Francis Wark 's place!

These women really should stop following him (John Francis Wark) around - the poor sod they make him John Francis Wark) look like a criminal!!

In October 1999 he (John Francis Wark) got a $10,000 deposit on his house sale, 4 months after Hayley Dodd vanished, and headed for Queensland via Kalgoorlie, on his (Warks') motorbike with his dog.

Unlucky sod - another dead/missing woman Lisa Govan in Kalgoorlie in October 1999 last seen drinking with?

A guy on a motorbike no less!

There's another one - following the poor guy around!

He (John Francis Wark) buys a place in Queensland in December 1999/January 2000 and Katie O'Shea Vanishes 20 miles away from his house while hitch hiking in 2005!

See? they ( these dead or missing girls) just keep following following Him (John Francis Wark) around, eh?

How unlucky can one bloke (John Francis Wark) be?

At his (John Francis Wark 's) 2006 trial his 'M.O.' is exposed as using rope to tie his victims wrists!

In the 1996/1997 CSK cases in Claremont/Perth, Western Australia, WAPOL were "interested" in rope with printers ink on it found binding at least one if not two of the CSK victims wrists according to the media.

Poor unlucky sod (John Francis Wark) - fancy someone else with the same MO and using it on all these unfortunate women who follow him around?

Also after the CSK cases there was information posted at the Gary Hughes blog (And a copy pasted and forwarded to me by a Private Investigator) that says a female forensics investigator let it slip.... that at least one of CSK victims (Jane Rimmer and/or Ciara Glennon) had been bitten on the chest!

Again John Francis Wark 's the unluckiest man alive, because this 2006 victim - was also bitten on the chest!

https://jade.io/article/79701

Paragraphs 23-47 reveal all about his (John Francis Wark 's MO)

John Francis Wark 's the unluckiest bloke alive, or he is the CSK serial killer which is why WAPOL think they have enough evidence to convict him (John Francis Wark) and are extraditing him to WA to be charged formally with Hayley Dodd's abduction/death.

Even without a body the DPP believe they have enough evidence to convict him?

What could that possibly be?

Forensic Dentist Comparison on teeth x/rays and bite photos from the 2006 Queensland rape case he was convicted for, with the autoposy photos of Jane Rimmer chest bites in 1996/1997?

DNA comparison?

Remember the Macro Task Force was "wound up" after a decade, so from 1996-2006.

John Francis Wark 's DNA didn't get into Codis (Criminal) DNA Database, until 2007, a full year after WAPOL stopped looking!

But now they (WAPOL) have enough evidence to convict him (John Francis Wark) of Hayley Didd?

I don't think so - I think they are going charge him (John Francis Wark) with several crimes ...including SOME of the CSK victims...

Or

He's the unluckiest guy alive and dead women make a habit of following him around!

So, it's pretty obvious that despite the decade long "Macro Task Force" the most expensive criminal investigation ever held in the southern hemisphere ... they simply allowed the CSK to slip though their fingers ... and a list of women here in Western Australia and also in Queensland, paid the price with their lives, for this absolute failure of basic policing...

And what REALLY pisses me off?

Our current Western Australian Police Commissioner .. Dr Karl Joseph O'Callaghan ..... who has been with this very Western Australian Police Force since 1974 - so over 40 years and the last decade he has been the Western Australian Police Commissioner ... and in all that time .... our current Western Australian Police Commissioner .... Dr Karl Joseph O'Callaghan hasn't done ONE single thing to fix the systemic problems with the Major Crime Squad? (Not to mention he - our current Western Australian Police Commissioner .... Dr Karl Joseph O'Callaghan .... also hasn't cleaning house of all the corrupt police as well) ...


And this failed Police Commissioner's Dr Karl Jospeh O'Callaghan's reward?




A contract extension for a further 2 years from the Liberal Western Australian Government run by Premier Colin Barnet, Police Commissioner Liza Hervey and Attorney General Michael Minschin ...

 

Is out Western Australian Liberal Government "brain dead"?

its a simple fact that these failures have led to innocent women die-ing and no one is being held to account for these more horrific failings on the Western Australian Police Service!

If our  current Western Australian Police Commissioner .... Dr Karl Joseph O'Callaghan  has even a single SHRED of human redency, her would resign for his and his agency's Catastrophic  failures!!

It simply beggers belief!



The Police Commissioner's son Russell Joseph O'Callaghan leaves the Perth Magistrates Court. 

 

The Western Australian Police Commissioner .. Dr Karl Joseph O'Callaghan comforts his son
Russell Jospeh Callaghan in hospital after his son,  was involved in an explosion of a home based crystal meth factory which could have killed 
Russell Jospeh Callaghan and other people including two young children near by.

Police have charged two men over a drug lab blast that resulted in five people being hospitalised
on the weekend including Police Commissioner Karl O'Callaghan's son.

The blast happened on Sunday afternoon about 5.15pm on Bishopsgate Street, Carlisle.

Two children, aged three and four, were also caught up in the explosion but escaped serious harm.

Police say three of the adults and the two young children were found in a car about 20m from the explosion, yelling for help.

Russell O'Callaghan, 29, is receiving treatment at Royal Perth Hospital for injuries to his head, shoulder and arms






Karl O'Callaghan says his son Russell has made positive steps, despite new charges against him. 

http://www.watoday.com.au/wa-news/karl-ocallaghan-speaks-about-sons-lapse-following-day-in-court-20140814-103yn9.html


AUGUST 14 2014

Karl O’Callaghan speaks about son's 'lapse' following day in court

 

Nicole Cox

WA’s Police Commissioner Karl O’Callaghan says he sympathises with families trying to support their drug-addicted children and believes his eldest son has made positive steps towards rehabilitation.

Speaking for the first time since his son Russell was charged over a domestic incident in which he allegedly made threats to kill and held his former partner against her will, Mr O’Callaghan said the road to recovery for drug abusers was long, arduous and often traumatic for families.

Question to be asked of WA’s Police Commissioner Dr Karl Joseph O’Callaghan.

If he “..sympathises with families trying to support their drug-addicted children …and that

the road to recovery for drug abusers was long, arduous and often traumatic for families .. and this led to his own son Russell Joseph O’Callahan allegedly made threats to kill and held his former partner against her will…”

then why does WA’s Police Commissioner Dr Karl Joseph O’Callaghan and previous Western Australian Police Commissioners allow Western Australian Police to be involved with criminal organisations and networks with the growing, manufacturing, importation, supply and distribution of illegal drugs  and many other serious criminal offences including rape. Armed robberies, abductions and murder … and are not interested in receiving and  taking any serious notice of information that will help solve serious crimes …. One of the reasons is that such information will lead to Western Australian Police being involved in association with involved with criminal organisations and networks with the growing, manufacturing, importation, supply and distribution of illegal drugs and many other serious criminal offences including rape. Armed robberies, abductions and murder .. and that on many occasions WA’s Police Commissioner Dr Karl Joseph O’Callaghan and previous Western Australian Police Commissioners have allowed to be appointed in charge of certain investigations police that are involved in the crimes that they are responsible to investigate .. and/or are placed in charge of such criminal investigations for the purpose of making sure the real people involved and/or responsible for such crimes are protected because other police and/or their families and/or criminals and criminal organisations and networks that certain police are working with or for or in association with … are involved in the organising and/or committed such crimes …


A police commissioner Karl O' Callaghan's son hurt in drug blast

Perth police at the Carlisle state housing unit yesterday following the explosion of an alleged drug lab, in which the police commissioner's son was hurt. Picture: Richard Polden
  • TheAustralian




http://www.theaustralian.com.au/news/nation/top-cops-son-hurt-in-drug-blast/news-story/9553ca9f4e32aacec09113353ceb68c5

WEST Australian police commissioner Karl O'Callaghan's 29-year-old son has been badly burned in an illegal drug lab explosion in Perth.

Torn between his roles as police commissioner and a dad, Mr O'Callaghan has told of his struggle to be good at both after revealing the incident. "There's always that conflict between being the commissioner of police and being the father," an emotional Mr O'Callaghan told The Australian last night after visiting his son, Russell, in Royal Perth Hospital.

The younger O'Callaghan was one of five people hurt in the powerful blast, which tore a hole through the roof of a Carlisle state housing unit. One man was in critical condition. Two toddlers escaped unhurt.

"I was quite shocked by the sight of him," Mr O'Callaghan said. "He's got serious burns to his head, neck, shoulders arms and torso. So he's pretty much bandaged right up to his head."

But he said his son was lucid and the first thing he asked was how were the two children who were nearby. "He described the explosion as a fireball that just engulfed all of them. He has been really shaken by this. He said he came within a hair's breadth of losing his life and he's exactly right.

"You can talk about clan labs all you like as a police officer. But when you get to talk to someone whose been involved in something like that and that person's very close to you, then it really drives home what the issue is."

Mr O'Callaghan reassured his estranged son, who has previously been treated for drug addiction, that he would not abandon him, saying the most important thing was that he got "well both mentally and physically".

Mr O'Callaghan said 30 illegal drug labs had been broken up in the state this year and 130 last year. Most of the backyard operations appeared to be making methamphetamines.

Coincidentally, the daughter of former police superintendent Dave Parkinson was living in the unit next door to the clandestine drug-making operation, with both of them complaining more than 40 times to the Department of Housing and police about the noise, domestic violence, alcohol abuse, insults and even alleged physical attacks on both of them.

Mr Parkinson claims the tenant had once told his daughter, Stacee, they had a .22 rifle and were going to shoot her father for standing up to them. But, despite the department's "three strikes " policy against anti-social behaviour, the tenants were never evicted. Ms Parkinson said she lived in continual fear of her neighbours around the illegal drug lab.

"It's been absolutely hell," she said. "It's been absolutely devastating, horrible. I have a look around to see if there's anyone there before I step foot into my home. That's how bad it is."

Housing Minister Troy Buswell was furious nothing had been done despite the complaints and ordered an immediate review of the three strikes policy. "The department, and by extension, the government have not done enough to protect Stacee and her fellow neighbours," he said.

Mr O'Callaghan has appointed a senior police officer to head the inquiry into the drug laboratory. He said it was unclear what role his son had played, although he did not live at the home. "He will have to face the consequences. But as a family we are suffering deeply at the moment."


Russell O'Callaghan
PHOTO  

Russell O'Callaghan, son of Police Commissioner Karl O'Callaghan, is seeking to be released on bail.

SUPPLIED: NINE NEWS

The son of the WA Police Commissioner will be seeking release from custody pending the outcome of charges relating to a breach of his bail conditions, the Perth Magistrates Court has been told.

Russell O'Callaghan is alleged to have sent messages on social media to a woman he was banned from contacting as part of his bail conditions on other serious charges.

O'Callaghan appeared in court this morning via video link from Casuarina Prison.

His lawyer Sandra De Maio said she had just assumed control of the case from O'Callaghan's previous lawyer, and she needed an adjournment so she could provide prosecutors with the details of her client's bail application.

Ms De Maio said O'Callaghan would be seeking home detention bail and was hoping to take up a spot in a drug rehabilitation facility.

O'Callaghan was remanded in custody until his next court appearance in a fortnight.




Fears for O'Callaghan safety in prison

http://pixel.tcog.cp1.news.com.au/track/component/article/4802f6c9f77172aa111e611dc263976a?esi=true&t_template=s3/chronicle-tg_tlc_storyheader/index&t_product=PerthNow

Nicole Cox, police reporter, PerthNow September 2, 2011 

http://www.perthnow.com.au/news/western-australia/ocallaghan-a-likely-target-in-prison/news-story/4802f6c9f77172aa111e611dc263976a

THE jailed son of WA's top cop will be held in protective custody in prison, amid grave concerns he may be targeted by other inmates.



Just an hour after Russell Joseph O'Callaghan was imprisoned for 16 months for attempting to manufacture methamphetamines, his father Police Commissioner Dr Karl Joseph O'Callaghan said steps would be taken by authorities to ensure his son's safety and mitigate the risk of attacks from other prisoners in jail.

Dr Karl Joseph O'Callaghan, the Western Australian Police Commissioners,  revealed he was torn between his role as a father and that of police commissioner in his views on today's verdict.

But he did not believe the judge had made an example of Russell, purely because he was the son of a high-profile police officer.



Above: Dr Karl Joseph O'Callaghan, the Police Commissioner of Western Australia comforts his son
 Russell Joseph O'Callaghan who blew himself up in is own home Crystal Meth Factory at a Western Australian Homes West House and complex.

The blast happened on Sunday afternoon about 5.15pm on Bishopsgate Street, Carlisle.


SUPREME COURT OF QUEENSLAND




Citations:

[2008] QCA 172  [Copy]

Prior decisions:

[2008] QCA 166

Citations to this decision:

10

Cases cited:

9

Statutory material cited:

1

Cited sections:

[6][9][20]

Most recent citation:

[2016] QCA 33

Source:

Download original document

CITATION: 

R v Wark [2008] QCA 172

PARTIES: 



WARK, Francis John 
(applicant/appellant)

FILE NO/S: 

CA No 340 of 2007 DC No 651 of 2007 DC No 547 of 2007

DIVISION: 

Court of Appeal

PROCEEDING: 

Sentence Application

ORIGINATING 
COURT: 

District Court at Cairns

DELIVERED ON: 

27 June 2008

DELIVERED AT: 

Brisbane

HEARING DATE: 

26 May 2008

JUDGES: 

McMurdo P, Mackenzie AJA and Cullinane J 
Separate reasons for judgment of each member of the Court, 
each concurring as to the orders made

ORDER: 

1.

Application for leave to appeal against sentencegranted

 

2. Appeal allowed

 

3.

The sentence imposed at first instance is varied only to the extent of substituting a sentence of 12 years imprisonment for each sentence of 13 years imprisonment

CATCHWORDS: 

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – where applicant pleaded guilty to an ex-officio indictment to five counts of rape, five counts of sexual assault, one count of assault with intent to rape, one count of assault occasioning bodily harm while armed, one count of deprivation of liberty and two summary charges – where sentenced to imprisonment for 13 years in respect of each of the five counts of rape to be served concurrently– where learned sentencing judge made a declaration pursuant to s 161 of the Penalties and Sentences Act 1992 (Qld) – whether total imprisonment imposed is manifestly excessive – whether learned sentencing judge gave sufficient consideration to the plea of guilty – whether learned sentencing judge erred in concluding that the range for the type of offending involved would be some 14 to 16 years imprisonment

 

Penalties and Sentences Act 1992 (Qld), s 161

 

R v Barclay [1999] QCA 457, considered 
R v Coghlan [1998] 2 Qd R 498; [1997] QCA 270, 
considered 
R v Edwards [2004] QCA 20, considered 
R v Mason [1997] QCA 67, considered 
R v Riley (2006) 161 A Crim R 414; [2006] NTCCA 10, cited
R v Robinson [2007] QCA 349, considered 
R v Spoehr [2003] QCA 412, considered 
R v TM [2005] QCA 130, considered 
R v Webb [2004] QCA 448, cited

COUNSEL: 

J A Greggery for the applicant M J Copley for the respondent

SOLICITORS: 

Ryan and Bosscher (Cairns) for the applicant 
Director of Public Prosecutions (Queensland) for the 
respondent

  1. McMURDO P: The application for leave to appeal should be granted, the appeal allowed and the sentence imposed at first instance varied only to the extent of substituting a sentence of 12 years imprisonment for each sentence of 13 years imprisonment. I agree with the reasons of both Mackenzie AJA and Cullinane J and wish to add only some further brief observations.
  1. Whilst cases of penile vaginal or penile anal penetration will often be more serious and attract heavier penalties than cases involving only digital penetration, the appropriate sentence in each case will turn on its own circumstances. Relevant exacerbating factors include whether the complainant is a child and if so, the age of the child; whether violence has been used; the physical and psychological effect of the offence on the victim; and whether the offender has previous relevant history. By way of an example of a serious case of non-penile rape, see R v Riley.[1]

[1] (2006) 161 A Crim R 414; [2006] NTCCA 10.


  1. R v Coghlan[2] and R v Mason,[3] referred to by this Court in R v Robinson,[4] do not persuasively support the 13 year term of imprisonment imposed on the appellant after an early plea of guilty to an ex officio indictment. Both those cases involved pleas of guilty but they preceded the 1997 amendments to the Penalties and Sentences Act 1992 (Qld) ("the Act")and the introduction of the Act, Pt 9A – Convictions of Serious Violent Offences.

[2] [1998] 2 Qd R 498; [1997] QCA 270.

[3] [1997] QCA 67.

[4] [2007] QCA 349.


  1. The circumstances in Coghlan had some similarity to the present case. Coghlan forced open a locked door of the complainant’s unit. He demanded drugs and money. He tried to choke her, dragged her by the hair from room to room looking for money, licked her breasts, bit her, placed frozen meat on her nipples and raped her (apparently penile vaginal rape) three times. She escaped. A neighbour who pursued and confronted Coghlan was knocked down and kicked, suffering a laceration to the eyelid which required suturing. Coghlan had a dysfunctional and disadvantaged background. He had some criminal history for property and drug offences. He expressed remorse and pleaded guilty. He was intoxicated by alcohol and marijuana. He was 21 at the time he committed the offences. A psychiatric report suggested that he fulfilled the criteria for the diagnosis of substance abuse disorder and anti-social personality disorder. The effect of the offending on the complainant was said by the sentencing judge to be “devastating”. This Court considered that the sentence imposed (14 years imprisonment with a parole recommendation after six years) was within range; Pt 9A of the Act did not apply because the offences occurred before it came into operation on 1 July 1997.
  1. Mason was a case perhaps even more disturbing than the present. It was heard and determined by this Court in March 1997, again before Part 9A came into effect. Mason was sentenced to 14 years imprisonment on his plea of guilty to assault occasioning bodily harm, rape, disablement to commit an indictable offence and robbery. No recommendation for early parole eligibility was made. Mason was 35 years old and had an extensive criminal history including for offences of violence in respect of his de facto wife and three young children. He knew the complainant and that she was a homosexual woman. They were not on good terms but he persuaded her to let him into her house one evening, claiming that he wished to apologise following his release from prison. He then assaulted her violently by gouging her eyes. He held a knife against her throat. He dragged her around her home. She begged him to let her go, offering him money. He responded “You’re going to get it up you now you lesbian slut”. He made degrading comments to her and forced her to take off her clothes. He dug his fingers into her eyes and said he would pull her eyeballs out. He forced her to have penile-vaginal sexual intercourse with him. He wrapped a tea towel around her throat and began to choke her until she lost consciousness. When she awoke he was standing over her and kicking her. He demanded money. Ultimately she gave him $120. He again choked her and she lost consciousness. She next awoke to find him pulling her into the hallway by her hair and forcing her into the shower. He left through the front door and threatened to kill her if she did not leave town, adding: “Rockhampton was not a gay person’s town”. The cord to her telephone was cut. She suffered physical injuries including a knife cut on her back but much more severe were her psychological injuries for which she required therapy and counselling. Mason provided a false alibi to police and declined to be interviewed. He pleaded guilty only after DNA evidence implicating him had been obtained. His plea of guilty cannot be compared to the early plea of guilty to an ex officio indictment in the present case. The sentence imposed in Mason of 14 years imprisonment with no recommendation for parole eligibility at that time meant that he was eligible for release on parole after serving seven years. This Court refused to interfere with the sentence imposed.
  1. Early pleas of guilty by way of an ex officio indictment are an important mitigating factor, especially in cases of this sort. The complainant has been saved the further trauma of giving evidence, both at committal and at trial. The community has been saved very considerable expense. Early ex officio pleas of guilty are also encouraging signs that offenders, in admitting their wrongdoing, are taking the first steps towards rehabilitation. There is reason to think that is so in this case. On the other hand, the appellant’s conduct was inarguably horrific. It warranted a salutary penalty.
  1. It was not, however, as serious as the conduct in R v Spoehr[5] where a 14 year term of imprisonment was imposed following a plea of guilty. Spoehr committed seven counts of rape and one count each of assault with intent to rape, deprivation of liberty and sexual assault on a 29 year old Japanese tourist who was walking in the Noosa National Park at 3 pm on Christmas Day. He attacked her with a stick. He was also armed with a 10 cm bladed knife which he later used to cut off her clothing. He shaved her pubic hair with a razor. He had penile-vaginal sexual intercourse culminating in ejaculation with her on three occasions. He twice performed oral sex on her. He inserted his fingers in her vagina. He forced her to touch his penis until he ejaculated on three occasions. He held her as a sexual prisoner in his tent in a secreted location in the National Park from about 3 pm on Christmas Day until 5.45 am on Boxing Day when he finally assisted her to find her way to safety. The complainant suffered particularly dreadful consequences from the offence because for cultural reasons she had been unable to share her ordeal with those closest to her. Psychiatric reports regarded him as “an eccentric loner who has, using the DSM-IV,[6]a diagnosis of a schizotypal or and paranoid personality disorder”.

[5] [2003] QCA 412.

[6]           The DSM-IV is the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders and is a coding system for all mental disorders.


  1. Had the appellant pleaded not guilty, a sentence of 15 or even 16 years imprisonment could have been imposed: cf R v Robinson;[7] and R v Barclay.[8] The facts in these cases and in R v Edwards[9] are set out in Cullinane J’s reasons. Barclay, who received 15 years imprisonment for a series of broadly comparable degrading sexual offences, went to trial and he had a prior conviction for rape. Edwards, who received 15 years imprisonment on a plea of guilty, was also more serious case than the present in that he was on parole for malicious wounding when he committed sordid sexual offences on his pregnant victim who had been asleep in bed in her own home.

[7] [2007] QCA 349.

[8] [1999] QCA 457.

[9] [2004] QCA 20.


  1. A discount in this case of but two or three years on a 15 or 16 year sentence does not provide sufficient recognition of, or encouragement to, offenders like the appellant to admit their wrongdoing at an early stage by pleading guilty to an ex officio indictment. This was an appealable error warranting this Court's intervention. A sentence of 12 years imprisonment, which reflects a discount on the head sentence of three or four years for his early plea and cooperation and which provides for parole eligibility after 9.6 years,[10]more appropriately balances the competing sentencing principles apposite in this case.

[10]           Corrective Services Act 2006 (Qld), s 182(2)(a).


  1. I would make the orders set out in paragraph [1] of these reasons.
  1. MACKENZIE AJA: I agree with the reasons of Cullinane J. I only wish to add the following.
  1. Mr Greggery submitted that there was a clear differentiation in the authorities, reflected in the level of penalties, between cases where penile rape had occurred and cases where the offence was rape because it fell within the extended modern definition.
  1. It may be that a generalisation can be made that cases can be identified where it is said that the fact that only non-penile rape has occurred resulted in a lesser penalty. But because it is a generalisation it is not universally applicable. R v Webb[11] is such a case; but what McPherson JA said was said against a factual background that did not include significant violence. While the nature of the sexual conduct is a factor to be taken into account, the facts of the particular case and the overall criminality must always govern the seriousness of the offence.

[11] [2004] QCA 448


  1. In the present case, there was no count that charged a penile vaginal or anal rape. However, there were four counts alleging that the complainant was forced to commit fellatio on the applicant, two of which resulted in ejaculation in her mouth. One of the counts of unlawful and indecent assault consisted of the applicant trying to insert his penis into the complainant’s vagina but failing because he could not maintain an erection. He inserted something, probably his finger, into her anus. As well as other acts of a sexual nature, he also committed sundry degrading acts on her with overtones of sadistic pleasure over her reaction. She understandably feared for her life during the course of the episode.
  1. All of these offences occurred over a period of several hours, commencing in the early hours of the morning while she was kept captive by the applicant at his isolated house. The complainant had travelled from the town where she lived with friends to other towns some distance away. The person upon whom she was relying to drive her home abandoned the journey because he believed his car was likely to break down and let her off in a small town on the way. She began to walk to a place where she thought she might get a lift from a passing driver and while she was walking there, the applicant asked her if she needed help. After he said things from which it was reasonable to infer that he was well intentioned and that she would come to no harm, she accepted a lift and then his offer of refreshments at his house. He said he would drive her back to the town where he had picked her up afterwards.
  1. After a relatively short time at his house she said that she was ready to go. He invited her to stay for the night but she said that she wanted to go home. He said that he would not give her a lift. She then walked out of the house but he followed and said that he would give her the lift.
  1. She noticed that his demeanour had changed and he grabbed her arm. Then he hit her more than once on the head with a piece of wood that was like an axe-handle in size. When she asked why he was doing it he said:

“This is rape.”

He then dragged her into the house where over the next few hours he inflicted on her the treatment previously described. During the course of the activity, he reduced her to captivity by tying her hands. For part of the time the rope was also tied to the head of the bed.

  1. Unlike the offender in R v Spoehr,[12] he did not relent and let her go. It was only due to her seizing an opportunity, after daylight had broken, to leave the house while his attention was distracted that she made her escape. Even then he unsuccessfully pursued her until it became obvious that she had made good her escape.

[12] [2003] QCA 412


  1. The Crown Prosecutor at sentence submitted that the appropriate range for the offending displayed in the case was between 14 to 16 years imprisonment. In my view the facts of the case place it towards the upper end of that range as a starting point before allowing for matters of mitigation. In submissions before this Court, counsel for the respondent drew attention to the similarities between the present case and Spoehr in which a sentence of 14 years following a plea of guilty was not disturbed on appeal. One feature which counted in Spoehr’s favour that is absent in this case has been referred to above. On the other hand, unlike the present applicant, Spoehr engaged in a number of acts of penile intercourse and his offending related to a visitor to Australia whose cultural background resulted in what were described as catastrophic consequences for her.
  1. Since the sentence is more than 10 years imprisonment, it carries with it an automatic declaration that the offence is a serious violent offence and therefore a requirement to serve 80% of the sentence. To allow the applicant proper allowance for his plea of guilty in a case in this category, a reduction in the notional head sentence is the only way in which that can be achieved. In my view a reduction of the head sentence from what would have been merited, in the range of 15-16 years had the matter gone to trial, to 13 years did not make adequate allowance for the plea of guilty.
  1. I agree with Cullinane J that the application for leave to appeal should be allowed, and with the orders proposed.
  1. CULLINANE J: The applicant seeks leave to appeal against a sentence of 13 years imprisonment imposed in respect of five counts of rape. He had pleaded guilty to an ex-officio indictment containing those counts as well as five counts of sexual assault, one count of assault with intent to rape, one count of assault occasioning bodily harm while armed, one count of deprivation of liberty and to two summary charges of possessing a dangerous drug, cannabis sativa, and possessing instructions for production of cannabis sativa. 177 days spent in pre-sentence custody was declared as time already served under the sentence.
  1. At about 1 am one Saturday morning, the complainant, a woman in her thirties, was walking along a highway in North Queensland. She accepted a lift from the applicant, who persuaded her to accompany him to his home on a rural property, promising that he would drive her to her destination after he had had some tea. When she attempted to leave the house, the applicant twice struck her about the head with a piece of wood, causing bleeding (the assault occasioning bodily harm while armed count). He grabbed her by the hair and dragged her back inside, where he forced her on to a bed and removed her clothes (the assault with intent to rape and the commencement of the deprivation of liberty). The complainant was so frightened that she involuntarily urinated.
  1. The applicant tied the complainant’s hands to the bed head with a rope, and lay on her, rubbing his penis on her vaginal area. Then he used the rope to pull her onto the floor where he put his penis into her mouth and forced her to perform oral sex on him (the first rape count), slapping her across the face repeatedly when she faltered. He then returned her to the bed where he lay on her again and fondled her. He bit her left breast (the first sexual assault) slapped her a number of times and covered her mouth and nose so she found it difficult to breathe. He made her lick his neck, squeezing her right breast hard (the second sexual assault) when he was not satisfied, before again forcing her to perform oral sex on him (the second rape count). Then he dragged her by the rope to a shower where he made her perform oral sex upon him again (the third rape) after which he urinated on her. She was then dragged back again by the rope to the bed where the applicant tried unsuccessfully to penetrate her vagina with his penis (the third sexual assault).
  1. The applicant fell asleep briefly, but awoke when the complainant tried to move. He told her she was not going anywhere pulled her on to the floor on to her knees and made her perform oral sex on him again, ejaculating into her mouth (the fourth rape). She was made to get back on the bed where the applicant told her to lick his neck (the fourth sexual assault). He fell asleep lying on her. When he awoke, he took the complainant into another room where he told her to lie on her stomach on a mattress and whipped her repeatedly on her buttocks (the fifth sexual assault). Then he held his hand over her mouth while he inserted something into her anus, which he moved in and out, causing her a great deal of pain (the fifth rape). He told her that he was going to “keep her” and that as long as she did as he said, she would be fine.
  1. After the anal penetration, the applicant left the complainant alone while he went into another room. By this time day was breaking. She took the opportunity to free her hands from the rope and to run from the house. The applicant pursued her, but she managed to reach a neighbouring house where the occupants took her in and telephoned the police.
  1. Over the hours during which the applicant held the complainant against her will he repeatedly struck her and abused her verbally. It is clear from her statement that she feared throughout that she would be killed. The complainant was examined later the same day. Her hair was matted with blood and she had areas of lacerations and swelling on her head. There were marks on her chest consistent with bites, abrasions on the wrists consistent with rope burns and multiple abrasions and bruises of her arms, knees and buttocks. The examining doctor found a three millimetre tear to her perianal region consistent with stretching.
  1. The applicant was 51 years old at the time of sentence. He had worked in the past as a labourer and had then acquired a small farming property on which he ran some cattle and pigs. His counsel said that he had difficulties controlling his alcohol use and on the night in question had been drinking at a hotel. His only previous criminal history in Queensland consisted of convictions on a single occasion in the Magistrates Court for producing and possessing dangerous drugs, for which he was fined $300. He had a history of similar, minor drug-related offences in Western Australia in the 1980s. He had indicated an early intention to plead guilty and his co-operation was further evinced by his plea to an ex-officio indictment. Through his counsel he expressed some shame at his conduct. His counsel submitted that the starting point for a head sentence was 15 years imprisonment and that that might be reduced to 12 years to reflect his co-operation.
  1. The learned sentencing Judge accurately described the offences as “a shocking and horrible and prolonged series of violent and sexual assaults”. The treatment of the complainant had been particularly degrading and humiliating and the applicant had not desisted; even when the complainant fled, he pursued her. Her Honour accepted in the applicant’s favour that he had co-operated by indicating his intention to plead guilty at an early stage and by not challenging the complainant’s account. The learned judge had regard to three authorities to which the Crown prosecutor referred her which are also relied on here: R v Barclay,[13] R v Edwards[14] and R v Robinson[15].

[13] [1999] QCA 457.

[14] [2004] QCA 20.

[15] [2007] QCA 349.


  1. In R v Barclay the appellant was convicted of two counts of rape, one of indecent assault and one of assault occasioning bodily harm. He had attacked a sleeping woman with whom he was slightly acquainted. He punched her, bit her, gouged her eyes and squeezed his hands around her throat before raping her; after which he restrained her for some hours before raping her again. Throughout the episode he threatened to kill her. He was a 39 year old man with previous convictions including one for rape some 20 years earlier. Unlike the applicant here, he had pleaded not guilty. A sentence of 15 years imprisonment was not disturbed on appeal.
  1. In R v Edwards the applicant sought an extension of time in which to appeal against his sentence of 15 years imprisonment imposed, apparently on a plea of guilty, in respect of three counts of rape. He had been given lesser sentences for other counts, one of burglary, nine of sexual assault and one of attempted rape. At the time those offences were committed he was on parole in respect of a four year sentence imposed for malicious wounding. All of the offences had occurred in a single episode. He had broken and entered the house of a pregnant woman who was asleep at the time. He had grabbed her around the throat, performed oral sex on her and made her perform oral sex on him on a number of occasions. He attempted anal intercourse unsuccessfully and then had vaginal intercourse with her. She had said that she thought she was miscarrying and asked him to call an ambulance; instead he forced her to have a bath in which he attempted to wash his semen out of her vagina. He threatened that he would kill her and her family if she revealed what had happened. The application for an extension of time was refused on the basis that there was no prospect of success in his appeal against sentence.
  1. In R v Robinson the applicant was convicted after a trial of six counts of rape, one count of burglary, one count of deprivation of liberty and one of stealing. In respect of three of the rape counts, a sentence of 16 years imprisonment was imposed. The complainant was a 57 year old woman living alone. The applicant had entered her townhouse in the early hours of the morning and raped her digitally, orally and by penile penetration. After those assaults he forced her to take a shower to wash her vagina out. The applicant was 33 years of age at the date of the offences. He was a carrier of Hepatitis C but the complainant fortunately did not contract the disease from him. He had a criminal history which included a previous conviction for rape, for which, with related charges, he had served 12 years imprisonment. There was, the Court observed, no sign of remorse or obvious prospect of rehabilitation. It was argued on his behalf that other decisions did not support a range of sentence beyond 14 years imprisonment. The Court, however, citing R v Coghlan[16] and R v Mason,[17]observed that sentences of 14 years imprisonment had been upheld in cases where the offender had pleaded guilty. The application for leave to appeal against sentence was dismissed.

[16] [1998] 2 Qd R 498.

[17] [1997] QCA 67.


  1. Before us counsel for the applicant contended that judgments of the Court of Appeal supported the proposition that offences involving penile-vaginal intercourse fall into a different category for the purposes of sentence to those involving digital or oral rape.
  1. He placed reliance upon cases such as R v Robinson,[18] R v Webb[19] (in particular the remarks of McPherson JA at paragraph 25) and R v TM[20].

[18] [2007] QCA 349.

[19] [2004] QCA 448.

[20] [2005] QCA 130.


  1. Mr Greggery contended that in the case of the category of non-penile rape it was impossible to find any sentences which exceeded ten years. He submitted that a significant disparity had by now been established between the range of sentences imposed in the two categories with there being a difference of about six years.
  1. I do not think that a reading of the cases supports the proposition that there is a rigid compartmentalisation of rape offences into these two categories. In all cases it is the particular circumstances which will determine the level of criminality and together with other factors the sentence to be imposed.
  1. I think it can be accepted that as a general proposition that rape constituted by penile-vaginal or anal penetration will attract a higher sentence than rape cases involving digital or oral penetration. However there may be cases not involving penile penetration which because of their associated circumstances call for punishment which may be as great as or exceed cases involving penile penetration.
  1. The cases to which we have been referred and the remarks upon which reliance has been placed must be seen in the context of their particular facts and must be taken as being concerned with those and have to be regarded as being concerned with those.
  1. In addition to the reliance which the case of R v TM (supra) in support of the proposition just discussed, it is fair to say the counsel for the applicant focussed upon this case as one bearing considerable similarities to the present but which resulted in a significantly shorter sentence.
  1. The applicant in that case pleaded guilty to a count of rape on Thursday Island in August 2003 which was constituted by a single act of digital penetration of the vagina of a sleeping woman. Whilst he was on bail for that offence he committed a second lot of offences which included torture and two acts of rape.
  1. The complainant was a visitor from overseas in Australia on a working holiday and had commenced work at a business at which the applicant worked and had moved into accommodation at which the applicant was a caretaker. She and the applicant and another person had consumed some alcohol on the relevant evening and later the complainant went with the applicant back to his unit to watch a movie. A point was reached at which the complainant sought to leave in the face of advances made to her by the applicant. As she did so the applicant blocked her way and struck her twice with his fist. After she had cleaned herself up and was emerging from the bathroom he head butted her and grabbed her around the front of the neck and threatened to punch her again. He told her to take her underpants off and to get onto the bed and when she did so he tied her hands behind her back and her legs together with a tie between her feet and her hands. During this time he rubbed her breasts and penetrated her vagina with his finger. He repeated this shortly afterwards. Those acts constituted the first of the counts of rape. After taking photographs of her with a camera he placed a pillowcase over her head and placed a gag on her and applied shaving cream to her pubic area and shaved it before taking some photographs of her. He performed oral sex upon her and while he was doing so penetrated her vagina with his finger. This constituted the second count of rape.
  1. Later they both fell asleep and when the complainant woke the next morning she managed to free herself but found that she was dizzy and had difficulty standing up. The applicant woke and re-tied her. She was held for the whole of the following day. She was provided with food and water and escorted to the toilet but at all times had her hands tied. She was able to escape later that evening when the applicant fell asleep. In all she was held captive for 26 hours. She sustained swelling and bruising to both eyes, a swollen nose and bruising and swelling to the left ear area. He had taken photographs of her while she was undergoing the ordeal.
  1. He was sentenced to three years imprisonment for the first rape and a term of eight years imprisonment to be served cumulatively on the term of three years.
  1. The appeal was allowed but only to the extent of altering the total imprisonment so as to achieve the aim which the learned sentencing judge had intended and to accord with the principles which are applicable in relation to the declaration which he had made unders.161 of the Penalties and Sentences Act but which had not been adverted to. To do this the imprisonment for the torture count was reduced to seven years.
  1. Counsel for the respondent submitted that the present case was remarkable for the level of violence and savagery inflicted upon the complainant and her degradation over a long period of time.
  1. He contended that the case which bore the greatest similarity to the present was R v Spoehr[21].

[21] [2003] QCA 412.


  1. The applicant in that case was walking in a national park on Christmas Day and became lost. She encountered the applicant who she sought directions from. After walking together for a period he struck her over the head with a stick a number of times and she began to lose consciousness. The respondent dragged her some distance to a campsite where he had a tent. He repeatedly raped her (in the sense of penetrating her vagina with his penis) through the evening and had committed the sexual offence upon her.
  1. He ultimately led her to a point where she could safely exit the national park and go back to her hotel where she made a complaint. He was sentenced to imprisonment for 14 years and an application for leave to appeal was refused.
  1. It is undoubtedly the case that each of these cases provide some support for the submissions on sentence by counsel.
  1. However the relevant range is to be established by reference to the body of cases overall and by a comparison of the criminality involved.
  1. A number of these were referred to the learned sentencing judge and have been discussed in these reasons. A number of additional cases were referred to by each of the parties on the appeal.
  1. For my part I would not be prepared to hold that the learned sentencing judge erred in concluding that the range for the type of offending involved in this case would be some 14 to 16 years imprisonment.
  1. In my view the matter must fall below the range referred to by Keane JA in R v Robinson (supra) at paragraph 27 where he said that the range for serious sexual offences of this kind for somebody with a history of serious sexual violence found guilty after a trial of multiple rapes would be in the order of 15 to 20 years.
  1. As I have said the conduct in this case involved brutal and degrading treatment of the complainant with some features which could be described as sadistic.
  1. Nonetheless the applicant was entitled to a significant discount on the authorities for his plea of guilty on an ex officio indictment and the associated remorse.
  1. Ultimately I am persuaded that the sentence of 13 years imprisonment does not adequately allow for these factors.
  1. I would grant the application and allow the app
  2. Citation report

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Citations:

[2008] QCA 172

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  1. Litigation history

Event

Collection

Date

Determination/status

R v Wark

 

[2008] QCA 172

Supreme Court of Queensland - Court of Appeal

26 Jun 2008

R v Walker

 

[2008] QCA 166

Supreme Court of Queensland - Court of Appeal

19 Jun 2008

  1. Cases citing this decision

Name

Court

Date

Citations

R v Buchanan [2016] QCA 33

Supreme Court of Queensland - Court of Appeal

22 Feb 2016

2 citations

R v GAR [2014] QCA 30

Supreme Court of Queensland - Court of Appeal

27 Feb 2014

2 citations

R v Turnbull [2013] QCA 374

Supreme Court of Queensland - Court of Appeal

12 Dec 2013

10 citations

R v Dargin [2013] QCA 20

Supreme Court of Queensland - Court of Appeal

14 Feb 2013

3 citations

R v Benjamin [2012] QCA 188; (2012) 224 A Crim R 40

Supreme Court of Queensland - Court of Appeal

12 Jul 2012

1 citation

R v BBY [2011] QCA 69

Supreme Court of Queensland - Court of Appeal

14 Apr 2011

2 citations

R v Baxter [2010] QCA 235

Supreme Court of Queensland - Court of Appeal

02 Sep 2010

1 citation

R v. Colless [2010] QCA 26; [2011] 2 Qd R 421

Supreme Court of Queensland - Court of Appeal

22 Feb 2010

2 citations

R v AAH & AAG [2009] QCA 321

Supreme Court of Queensland - Court of Appeal

22 Oct 2009

4 citations

R v Ware [2009] QCA 106

Supreme Court of Queensland - Court of Appeal

27 Apr 2009

5 citations

  1. Cases cited by this decision

Name

Court

Date

Citations

R v Robinson [2007] QCA 349

Supreme Court of Queensland - Court of Appeal

18 Oct 2007

10 citations

The Queen v Riley [2006] NTCCA 10; (2006) 161 A Crim R 414

Supreme Court of the Northern Territory - Court of Criminal Appeal

06 Jun 2006

3 citations

R v TM [2005] QCA 130

Supreme Court of Queensland - Court of Appeal

28 Apr 2005

3 citations

R v Webb [2004] QCA 448

Supreme Court of Queensland - Court of Appeal

25 Nov 2004

5 citations

R v Edwards [2004] QCA 20

Supreme Court of Queensland - Court of Appeal

10 Feb 2004

6 citations

R v Spoehr [2003] QCA 412

Supreme Court of Queensland - Court of Appeal

15 Sep 2003

10 citations

R v Barclay [1999] QCA 457

Supreme Court of Queensland - Court of Appeal

02 Dec 1999

6 citations

R v Coghlan [1997] QCA 270; [1998] 2 Qd R 498

Supreme Court of Queensland - Court of Appeal

04 Sep 1997

6 citations

R v Mason [1997] QCA 67

Supreme Court of Queensland - Court of Appeal

18 Mar 1997

7 citations

  1. Legislation cited by this decision

Name

Citations

Penalties and Sentences Act 1992 (QLD) 

7 citations: Part 9A, Section 161

https://jade.io/article/79701




Stronger drugs, population growth taking toll on South West support services

By Roxanne Taylor 28 Jul 2016,

http://www.abc.net.au/news/2016-07-28/stronger-drugs-taking-toll-on-south-west-services/7656212

PHOTO: Josh Princi says his son Blayze was the wake-up call he needed to kick his meth habit. (ABC News: Roxanne Taylor)

An increase in the potency of methamphetamine is straining counselling and treatment services in WA's South-West, according to drug addiction experts.

"I've got nothing now, I'm 31 and starting again, there'd be 12-year-old kids that have got more than me," Mr Princi said.

"A lot of our domestic violence assaults, a lot of our volume crime, stealing and burglaries and damage, all relate back to methamphetamine use so yes it is one of our big issues."

The problem is being exacerbated by a rapidly growing population, and in response the South West Community Drug Service Team is being forced to expand its outreach programs to towns in the region.

Team manager of the drug service Jon Farr said Margaret River was the first to receive the additional services due to a big spike in demand.

"The demand is reflected in a 43 per cent increase in episodes of treatment dating back from 2014 to where we are currently," he said.

"And that's across the board in all substances."

Mr Farr said an increase in the strength of drugs was affecting the number of addicts seeking treatment.

"This appears to be more related to the increase in the potency of the drug, and the amount that those who are taking the drug are using, as opposed to more people actually using the drug," Mr Farr said.

Ice user kicks habit for young son

Local resident Josh Princi knows first hand how tough quitting methamphetamine can be.

He began using the drug at 18, and at the peak of his addiction was spending up to $700 a day to support his habit.

"I've relapsed probably hundreds of times but now I'm on the right track and I'm happy where I'm at," Mr Princi said.

"I've gone from being an every day user to not using at all."

Mr Princi spent time in jail for drug trafficking before his young son Blayze, who is now in his care, gave him the wake-up call he needed to leave his old life behind

"I've got nothing now, I'm 31 and starting again, there'd be 12-year-old kids that have got more than me," Mr Princi said.

Mr Princi believed a residential rehabilitation service was needed in the South West.

"You need a minimum of seven days to dry out and then a program to follow that on. There really isn't anything," he said.

The Drug Service Team has plans to roll out additional counselling services to the towns of Busselton and Collie next.

Police struggle with flow-on effects of ice use

Meanwhile police are trying to tackle the issue on the street.

Margaret River Police Sergeant Brett Cassidy said there were a lot of flow-on affects from drug use.

"A lot of our domestic violence assaults, a lot of our volume crime, stealing and burglaries and damage, all relate back to methamphetamine use so yes it is one of our big issues."

Sergeant Cassidy said drug-induced mental health incidents were taking their toll on small policing teams in regional towns.

"When we have a mental health incident, where we end up at the hospital, we can be at the hospital for some hours," he said.

Sergeant Cassidy said officers had to drive mental health patients to the special ward at Bunbury Regional Hospital more than an hour away.

"By the time you get there you're looking at around between three and five hours with each case that you deal with so it does impact a lot."

Topics: drug-use, drugs-and-substance-abuse, drug-education, margaret-river-6285

http://www.abc.net.au/news/2016-07-24/recivering-meth-addict-josh-princi-and-son-blayze/7656326

Recovering meth addict Josh Princi and son Blayze

Updated 

Josh Princi says his son Blayze was the wake-up call he needed to kick his meth habit.

ABC News: Roxanne Taylor




The benefits of being the W.A. Police Commisioners son


 

https://www.bigfooty.com/forum/threads/the-benefits-of-being-the-w-a-police-commisioners-son.930287/

POLICE Commissioner Karl O'Callaghan's son has been jailed for 16 months for his role in manufacturing drugs in a home laboratory. 



Russell Joseph O’Callaghan, 30, suffered serious burns when a clandestine drug laboratory exploded inside a Carlisle house on March 19 this year.

He was sentenced today in the District Court to 16 months in prison for attempting to manufacture the prohibited drug methamphetamine.

He will be eligible for parole after eight months. 

.........

Crown prosecutor Amanda Forrester said Parliament had mandated that an attempt to manufacture drugs should carry the same weight as an actual manufacture.........

“This offence is exceptionally serious.”

She said the fact that children were present when the laboratory exploded,
 the community was endangered, and public housing was effectively
destroyed meant a term of imprisonment was the most appropriate sentence.
 



She added that an imprisonment sentence would serve as a general deterrent to the illegal manufacture of amphetamines.

Outside court, Mr O'Callaghan's lawyer told reporters Mr O'Callaghan was disappointed with the sentence.


Read more: 
http://www.perthnow.com.au/news/wes...d-drug-lab-blast/story-e6frg13u-1226127169963

Okay, we've got a meth cook, a lab and an explosion with children present.
What sentence would an average joe without connections expect to get for this?
A six year sentence, serve four years in jail, with two years parole? 
Did the WA Director of Public Prosecutions appeal this sentence?
Australia is a bloody marvellous country, isn't it?

Old Skool, Apr 10, 2012

Do you actually know the answers to the questions you're posing? Where did you pull expectations of a "six year sentence" for anyone else from? Bearing in mind that he was manufacturing for personal use rather than dealing...
5 seconds on Google gave me this document outlining a couple of recent sentences for the offence:

http://www.dpp.wa.gov.au/content/manufacture_prohibited_drug.pdf

Looking at the first 3 cases there, they received sentences of 2-3 years. In all cases the circumstances were much more severe (e.g. long-term manufacture, commercial profit, prior records, other offences involved). Additionally, the defendant in this case got a discount for providing Crown evidence, which the others didn't. Given that context, from just a brief summary of the facts it looks like a pretty reasonable sentence to me. Certainly I'm not seeing anything jump out at me to say that the sentence is completely out of step with what might have been handed out to anyone else.

Be honest - you saw a short sentence and the words "police commissioner's son", and put two and two together to make nine. I know you hate cops but this is pretty sloppy work.
Caesar, Apr 10, 2012

Fair dinkum Caesar, what else is he going to say to a bloody journo?
He's already kicked his goal with the son only getting 8 months.
Interesting to note some of these sentences mentioned in a recent W.A Supreme Court appeal, where from what I can gather, a bloke has got 5 years for 3.5 grams of meth:

16 In Bosworth v The State of Western Australia [2007] WASCA 144; (2007) 175 A Crim R 49, Miller AJA reviewed the sentencing authorities in relation to cases involving the possession of quantities of methylamphetamine with intent to sell or supply to another. His Honour said, relevantly:

In cases involving smaller quantities of methylamphetamine (between 3 g and 65 g), sentences (where appropriate converted in accordance with the post-transitional provisions) have ranged from between 2 and 5 years. Most cases involved pleas of guilty. Examples from the last 10 years are: 

  • Vodanovic v The Queen (unreported, Court of Criminal Appeal, WA, No 151 of 1995; Library No 960056, 9 February 1996) (24.5 g of 2% purity - 2 years);
  • Bellissimo v The Queen (1996) 84 A Crim R 465 (20.8 g of 6% purity - 3 years 10 months);
  • Leonard v The Queen (unreported, Court of Criminal Appeal, WA, No 166 of 1998, 29 March 1999) (sale of 22.4 g of 8.5% purity amphetamines - 3 years 4 months);
  • Nelis v The Queen [2000] WASCA 194 (three counts of selling and/or possession, including 54.75 g of unknown purity - 4 years 8 months);
  • Marchesano v The Queen [2000] WASCA 225; (2000) 116 A Crim R 237 (41.1 g of 20% purity and 1.36 g of 20% purity - 2 years 4 months);
  • Watt v The Queen [2000] WASCA 354 (6.74 g of between 18-22% purity - 2 years 8 months);
  • R v Weston [2000] WASCA 389 (41.77 g of unknown purity - 1 year 8 months, suspended for 2 years);
  • Mishal v The Queen [2001] WASCA 328 (20 g of 2% purity - 2 years);
  • R v Hafner [2002] WASCA 211 (attempted sale or supply of 21.2 g of 36% purity - 4 years);
  • Vogel v The Queen [2002] WASCA 261 (3.8 g of 11% purity and 2.86 g of 37% purity - 2 years);
  • Marker v The Queen [2002] WASCA 282; (2002) 135 A Crim R 55 (two counts, one of 53.9 g of 41% purity and one of 0.1 gram of 59.3% purity respectively - 4 years 5 months);
  • Hiron v The Queen [2003] WASCA 310 (over 120 g of varying purity in three counts leading to a total term of 4 years 8 months’ imprisonment);
  • Hollingsworth v The Queen [2004] WASCA 73 (9.2 g of between 3-5% purity - 2 years, but concurrent with other offences and cumulative on sale of 29 g of methylamphetamine, making a total of 5 years);
  • Schlenka v The Queen [2004] WASCA 142 (12.7 g of 47% purity - 1 year 8 months' imprisonment);
  • Samuel v Western Australia [2004] WASCA 154 (6.25 g of 25% purity - 2 years, suspended for 2 years);
  • Le v The Queen [2004] WASCA 214; (2004) 147 A Crim R 269 (two counts involving methylamphetamine of respectively 6.94 g of 81% purity and 27.9 g of 83% purity - 2 years 1 month and 4 years 2 months cumulative);
  • Wong v Western Australia [2004] WASCA 286 (26 g of 6% purity - 2 years 6 months, but cumulative with other sentences);
  • Colangelo v Western Australia [2004] WASCA 294 (53.32 g of varying purity - 4 years, but cumulative with other sentences);
  • Olomi v Western Australia [2004] WASCA 304 (64.48 g with purity unknown - 2 years 8 months, cumulative on other sentences, but concurrent with a parole term);
  • Pepper v Western Australia [2005] WASCA 177; (2005) 30 WAR 447 (3.5 g of 56-62% purity - 2 years, cumulatively with other sentences); and
  • Samuels v Western Australia (No 2) [2006] WASCA 222 (23.5 g of 34% purity - 5 years) [41].


http://www.austlii.edu.au/au/cases/wa/WASCA/2012/80.html

This commisioners son thing stinks to high heaven.

If this was an average Joe, they would have been nailed to a ****ing cross.

 

Old Skool, Apr 12, 2012

 

 

Caesar said: Do you actually know the answers to the questions you're posing? Where did you pull expectations of a "six year sentence" for anyone else from?

Questions in the written form are accompanied by this -----> ?

Caesar said: 

Be honest - you saw a short sentence and the words "police commissioner's son", and put two and two together to make nine. I know you hate cops but this is pretty sloppy work.

I saw the words, "police commissioner's son", "meth lab", "explosion", "children present", and the one that stood out like a sore thumb, "eligible for parole after eight months"
The legislation does not allow any favorable disinction for "manufacturing for personal use". I'd love to see the trial transcript. 
Old Skool, Apr 10, 2012

Not home meth cooking but a good friend of mine got a 6 1/2 year sentence for pill possession. It was a rather large amount though. He served 2 1/2, nearly 3.

stralia, Apr 10, 2012

Old Skool said

The legislation does not allow any favorable disinction for "manufacturing for personal use".

It's a factor relevant to sentencing, which takes into account the circumstances of the offence. Like I said, I'm still not seeing anything from you that indicates this sentence is out of step with what might reasonably be expected under the circumstances for any other offender in his position. Police commissioner's son or not. Caesar, Apr 10, 2012

Caesar said

16 months NPP for Manufacture with no explosions and no burning children:

http://www.austlii.edu.au/au/cases/vic/VSCA/2011/10.html

...and the 1 packet of psuedoephedrine for 0.1 grams of meth elicited by O'Callaghans defence created some serious chortling on this side of the monitor. 
Why did he even need a gas bottle? It appears that a bic disposable lighter would have sufficed. 
Old Skool, Apr 10, 2012

Serious bang.

[YOUTUBE]7k1ra0FhSDU[/YOUTUBE]

How often do they wheel out other concerned, embattled relatives of similiar circumstances, in the mainstream media? The average Joe would have been hung, drawn and quartered.

Old Skool, Apr 10, 201

 

Old Skool said

16 months NPP for Manufacture with no explosions and no burning children:

http://www.austlii.edu.au/au/cases/vic/VSCA/2011/10.html

That's a different jurisdiction. Caesar, Apr 10, 2012

Old Skool said:

16 months NPP for Manufacture with no explosions and no burning children:

http://www.austlii.edu.au/au/cases/vic/VSCA/2011/10.html

...and the 1 packet of psuedoephedrine for 0.1 grams of meth elicited by O'Callaghans defence created some serious chortling on this side of the monitor.
Why did he even need a gas bottle? It appears that a bic disposable lighter would have sufficed.

Perth isn't in Victoria. The_Reaper, Apr 10, 2012

stralia said:

Not home meth cooking but a good friend of mine got a 6 1/2 year sentence for pill possession. It was a rather large amount though. He served 2 1/2, nearly 3.

Mind if I ask how many pills he got done with? fairdinkum, Apr 10, 2012

Old Skool said:

Serious bang.

[youtube]7k1ra0FhSDU[/youtube]

How often do they wheel out other concerned, embattled relatives of similiar circumstances, in the mainstream media?
The average Joe would have been hung, drawn and quartered. The average Joe wouldn't have been reported on. 
The_Reaper, Apr 10, 2012

Caesar said

That's a different jurisdiction.

You expect me to find a previous case in Western Australia where a cook claimed they were only cooking 0.1 grams of meth and blew up a house with kids in it?

Moving on, in an amazing coincidence, there is an article dated today about O'Callaghan and his son, whining about their incarceration predicament:

http://www.perthnow.com.au/news/wes...target-in-prison/story-e6frg143-1226128391343

I wonder how many non violent drug offenders the Commisioner has locked up over the years without giving it a second thought? 
Old Skool, Apr 10, 2012

Old Skool said

You expect me to find a previous case in Western Australia where a cook claimed they were only cooking 0.1 grams of meth and blew up a house with kids in it?




No. I'd like to see something to suggest that this sentence is out of step with the sentence anyone else in WA could expect if they committed a similar offence. If you think that the penalties for cooking meth in WA should be higher, I have no problem with that. But you started this thread on the basis that this guy has received soft treatment because his dad's the police commissioner. You've provided precisely nothing to back that up. I'm usually the first to stick the boot into the WA justice system, but I reckon you're on a hiding to nothing with this one. Caesar, Apr 10, 2012

Caesar said:

No. I'd like to see something to suggest that this sentence is out of step with the sentence anyone else in WA could expect if they committed a similar offence.

If you think that the penalties for cooking meth in WA should be higher, I have no problem with that. But you started this thread on the basis that this guy has received soft treatment because his dad's the police commissioner. You've provided precisely nothing to back that up.

I'm usually the first to stick the boot into the WA justice system, but I reckon you're on a hiding to nothing with this one.

There is no previous case in Western Australia where a cook claimed they were only cooking 0.1 grams of meth, blew up a house with kids in it, and involved a bloke named Russell whose father was the police commisioner. Please accept my apologies.

We shall have to see how the other defendents fare. My experience with the media and my healthy cynicism tells me that the hysteria factor would have gobne through the roof if this were not a police commisioners son. Todays sympathy article adds credibility to that premise. 
Old Skool, Apr 10, 2012

I posted a link showing a sample of recent convictions for similar offences and viewed in that context this sentence doesn't seem unreasonable. If you're going to fling such serious accusations around then the onus is on you to back them up.
 TBH it's threads like this that make it hard to take you seriously on the subject of policing. You come across as having a massive axe to grind. 
Caesar, Apr 10, 2012

fairdinkum said

Mind if I ask how many pills he got done with?

Something like 3000. About 1kg IIRC. stralia, Apr 10, 2012

I'd be more surprised and disappointed if the dad couldn't get his son a lighter sentence.  What's the point of having a father who's a police commissioner if he can't pull a few strings?EasternTiger, Apr 10, 2012

stralia said: 

Something like 3000. About 1kg IIRC.

Ah, okay. Fair enough. fairdinkum, Apr 10, 2012

Without examining the factors taken into account on sentence, you are in no position to judge the appropriateness of the sentence imposed. For all you know, it was well within the prosecution range.
 The details outlined just in that article - the peripheral role, undertaking to assist authorities, plea of guilty and efforts to assist his own rehabilitation - establish several significant factors in his favour; two of those an automatic and substantial discount on sentence.
You cite a case which clearly has absolutely no bearing on the facts. Prior and subsequent offending, no undertaking to assist, parity and poor prospects of rehabilitation - not to mention a different jurisdiction! - render it incomparable. 
Your contention has no substance, as is usually the case with most sentencing threads.

Donners, Apr 10, 2012

This is why the WA tough on crime rhetoric from public figures like the police commissioner, premier and WA media organisations is so absurd.

Human nature even for many of these fine upwardly mobile sociopaths means we fight to protect our own. When these kind of mistakes suddenly take on a personal note (or at least when the pretence to empathy serves our vested interest), people who have spent their lives doing the opposite now sue for clemency.
And to be honest I find nothing wrong with that. We need to find more humane ways of dealing with the drugs issue, though the explosion and children being present is actually seriously concerning.
Having said all that, the hypocrisy of some of those involved and the local medias vulgar prostitution of itself (relating to the drugs issue) are there for all to see. It would be nice if for some this was also accompanied by an acute sense of self awareness and a few minds were changed..... 
DivideandMultiply, Apr 11, 2012

DivideandMultiply said:

Human nature even for many of these fine upwardly mobile sociopaths means we fight to protect our own. When these kind of mistakes suddenly take on a personal note (or at least when the pretence to empathy serves our vested interest), people who have spent their lives doing the opposite now sue for clemency.

Eh? Did you read the above articles? The Commissioner doesn't sound like he's looking for clemency at all:

``I'm personally very sad about it, but I think from a police commissioner's point of view, it's not an inappropriate response by the courts.

``It is an appropriate response for what was a very dangerous and foolish act.''

Caesar, Apr 12, 2012

Fair dinkum Caesar, what else is he going to say to a bloody journo?
He's already kicked his goal with the son only getting 8 months.
Interesting to note some of these sentences mentioned in a recent W.A Supreme Court appeal, where from what I can gather, a bloke has got 5 years for 3.5 grams of meth:

16 In Bosworth v The State of Western Australia [2007] WASCA 144; (2007) 175 A Crim R 49, Miller AJA reviewed the sentencing authorities in relation to cases involving the possession of quantities of methylamphetamine with intent to sell or supply to another. His Honour said, relevantly:

In cases involving smaller quantities of methylamphetamine (between 3 g and 65 g), sentences (where appropriate converted in accordance with the post-transitional provisions) have ranged from between 2 and 5 years. Most cases involved pleas of guilty. Examples from the last 10 years are: 

  • Vodanovic v The Queen (unreported, Court of Criminal Appeal, WA, No 151 of 1995; Library No 960056, 9 February 1996) (24.5 g of 2% purity - 2 years);
  • Bellissimo v The Queen (1996) 84 A Crim R 465 (20.8 g of 6% purity - 3 years 10 months);
  • Leonard v The Queen (unreported, Court of Criminal Appeal, WA, No 166 of 1998, 29 March 1999) (sale of 22.4 g of 8.5% purity amphetamines - 3 years 4 months);
  • Nelis v The Queen [2000] WASCA 194 (three counts of selling and/or possession, including 54.75 g of unknown purity - 4 years 8 months);
  • Marchesano v The Queen [2000] WASCA 225; (2000) 116 A Crim R 237 (41.1 g of 20% purity and 1.36 g of 20% purity - 2 years 4 months);
  • Watt v The Queen [2000] WASCA 354 (6.74 g of between 18-22% purity - 2 years 8 months);
  • R v Weston [2000] WASCA 389 (41.77 g of unknown purity - 1 year 8 months, suspended for 2 years);
  • Mishal v The Queen [2001] WASCA 328 (20 g of 2% purity - 2 years);
  • R v Hafner [2002] WASCA 211 (attempted sale or supply of 21.2 g of 36% purity - 4 years);
  • Vogel v The Queen [2002] WASCA 261 (3.8 g of 11% purity and 2.86 g of 37% purity - 2 years);
  • Marker v The Queen [2002] WASCA 282; (2002) 135 A Crim R 55 (two counts, one of 53.9 g of 41% purity and one of 0.1 gram of 59.3% purity respectively - 4 years 5 months);
  • Hiron v The Queen [2003] WASCA 310 (over 120 g of varying purity in three counts leading to a total term of 4 years 8 months’ imprisonment);
  • Hollingsworth v The Queen [2004] WASCA 73 (9.2 g of between 3-5% purity - 2 years, but concurrent with other offences and cumulative on sale of 29 g of methylamphetamine, making a total of 5 years);
  • Schlenka v The Queen [2004] WASCA 142 (12.7 g of 47% purity - 1 year 8 months' imprisonment);
  • Samuel v Western Australia [2004] WASCA 154 (6.25 g of 25% purity - 2 years, suspended for 2 years);
  • Le v The Queen [2004] WASCA 214; (2004) 147 A Crim R 269 (two counts involving methylamphetamine of respectively 6.94 g of 81% purity and 27.9 g of 83% purity - 2 years 1 month and 4 years 2 months cumulative);
  • Wong v Western Australia [2004] WASCA 286 (26 g of 6% purity - 2 years 6 months, but cumulative with other sentences);
  • Colangelo v Western Australia [2004] WASCA 294 (53.32 g of varying purity - 4 years, but cumulative with other sentences);
  • Olomi v Western Australia [2004] WASCA 304 (64.48 g with purity unknown - 2 years 8 months, cumulative on other sentences, but concurrent with a parole term);
  • Pepper v Western Australia [2005] WASCA 177; (2005) 30 WAR 447 (3.5 g of 56-62% purity - 2 years, cumulatively with other sentences); and
  • Samuels v Western Australia (No 2) [2006] WASCA 222 (23.5 g of 34% purity - 5 years) [41].



http://www.austlii.edu.au/au/cases/wa/WASCA/2012/80.html

This commisioners son thing stinks to high heaven. If this was an average Joe, they would have been nailed to a ****ing cross. Old Skool, Apr 12, 2012

DivideandMultiply said

This is why the WA tough on crime rhetoric from public figures like the police commissioner, premier and WA media organisations is so absurd.

Human nature even for many of these fine upwardly mobile sociopaths means we fight to protect our own. When these kind of mistakes suddenly take on a personal note (or at least when the pretence to empathy serves our vested interest), people who have spent their lives doing the opposite now sue for clemency.

And to be honest I find nothing wrong with that. We need to find more humane ways of dealing with the drugs issue, though the explosion and children being present is actually seriously concerning.

Having said all that, the hypocrisy of some of those involved and the local medias vulgar prostitution of itself (relating to the drugs issue) are there for all to see. It would be nice if for some this was also accompanied by an acute sense of self awareness and a few minds were changed.... Hear, hear. Old Skool, Apr 12, 2012

If the WA police were going to let him off easily they would have just covered it up. 
Offer the other people involved reduced sentances for their cooperation in covering it up.  Nobody would find out for a decade. 
The_Reaper, Apr 12, 2012

Old Skool said:

Interesting to note some of these sentences mentioned in a recent W.A Supreme Court appeal, where from what I can gather, a bloke has got 5 years for 3.5 grams of meth:

quantities of methylamphetamine with intent to sell or supply to another

So you're looking at higher quantities plus intent to sell/supply, and expecting the same sentence to apply?

This commisioners son thing stinks to high heaven.

If this was an average Joe, they would have been nailed to a ****ing cross.

If you lived in WA and weren't just on an anti-police crusade you'd remember when this thing first happened. O'callaghan hadn't spoken to his son for years prior to this incident. And at the time there was a meth lab blowing up about once a week. If he was an average Joe they wouldn't even have bothered reporting it Illinois Nazi, Apr 12, 2012

Old Skool said:

Interesting to note some of these sentences mentioned in a recent W.A Supreme Court appeal, where from what I can gather, a bloke has got 5 years for 3.5 grams of meth:

Did you not read the part where it said "with intent to sell or supply"?
I quoted cases earlier that demonstrate that for this offence, with the mitigating factors outlined, this is not an unreasonable sentence. You still haven't even acknowledged that post. This is an absolutely pointless discussion because you are wedded to a preconceived idea. Each post you make simply lowers your credibility. 
Caesar, Apr 12, 2012

There should be no circumstances in the upbringing of a police commisoners son that would allievate his sentance for meth production, in fact it should be grounds to increae the maximum so the next runt like him involved never gets out.

Drugs are in most cases either a social issue or greed, normaly the poor its social and coppers sons its greed.... 
rayven, Apr 12, 2012

I'm sure he'll cop his right wack in jail  alt=":D" class="mceSmilieSprite mceSmilie8" title="Big Grin :D" v:shapes="_x0000_i1025"> They should do a story on that and see if he's in with the general population or in the "little" bitches ward RIOLIUSTAR, Apr 12, 2012

From my (admittedly vague) recollection of this story when it happened last year, it won't be his first time in the big house. Illinois Nazi, Apr 12, 2012

RIOLIUSTAR said

I'm sure he'll cop his right wack in jail :D

They should do a story on that and see if he's in with the general population or in the "little" bitches ward

I imagine that he would be in protection and rightly so. It's not his fault that he is the son of a police commisioner.
He shouldn't even be in jail, and the explosion which resulted in much damage and mayhem, can be directly ascribed to the continuing idiocy of prohibition.
No prohibition, no back yard labs. No backyard labs, no explosions. 
Old Skool, Apr 13, 2012

Semi-related article that will have you frothing at the mouth again OS.

http://www.watoday.com.au/wa-news/police-to-probe-death-of-mother-in-car-chase-20120412-1ww98.html

"It was revealed yesterday the officers involved in the chase had not received permission from the Police Operations Centre before commencing the pursuit."
Very sad story all round really. 
Righteo, Apr 13, 2012

riteo said:

Semi-related article that will have you frothing at the mouth again OS.

http://www.watoday.com.au/wa-news/police-to-probe-death-of-mother-in-car-chase-20120412-1ww98.html

"It was revealed yesterday the officers involved in the chase had not received permission from the Police Operations Centre before commencing the pursuit."

Very sad story all round really

Very. According to the paper this morning, they requested permission, then called for an ambulance less than a minute later. So the "they didn't have permission" thing is a bit of a beat-up. It all happened so fast. Anyway, it's probably a topic for another thread really, rather than diverting this one. Illinois Nazi, Apr 13, 2012

Western Australia police commissioner Dr Karl Joseph O’Callaghan victim blames and kicks own goal on firearms laws

http://www.firearmownersunited.com/2017/03/25/wa-police-commissioner-victim-blames-and-kicks-own-goal-on-firearms-laws/

March 25, 2017

 Alannah and Madeline Foundation, Karl O'Callaghan, WA Police, Western Australia

Following the theft of firearms at Barry and Son’s last week, WA Police Commissioner Karl O’Callaghan has used the opportunity to state that WA gun laws “should be tightened” to prevent further theft.

Yes Karl, what better way to make your case for stronger gun laws to prevent criminal theft which weren’t followed in the first place, than to politicise a theft by organized criminals from a highly secured centralised storage facility that was complying with already stringent storage laws, in the state with the strictest firearm laws in the country and when 24 hour Cannington Police Station was literally 4 minutes down the road?

The count from this firearms theft keeps getting larger and larger according to the esteemed members of the Australian journalism fraternity. First it was 60, then it was 100 and now it’s up to 130. Odds on 200 by the end of next week?

According to Channel Nine’s own report, Barry and Son’s were fully compliant with the law. So, what more could have reasonably been done to prevent a theft of this nature? Absolutely nothing, which makes O’Callaghan’s statement absurd, illogical and purely political opportunism.

But what about our “world class” gun laws? Saying they need to be changed is again an admission of failure. Western Australia has the most onerous and restrictive firearms laws in the country by a long way, which makes all this posturing a massive own goal.

Further, if you’ve ever had the displeasure of dealing with the bureaucrats at the WA Firearms branch, the processing times are currently the slowest in the country, not to mention the waiting period on firearm delivery. Hence, it’s their own laws, policies, systems and general incompetence that allow a theft of this magnitude to transpire and for places like Barry’s to become target rich environments with the high levels of stock they are forced to keep on hand.

Perhaps Karl might want to do his job instead of victim blaming Barry and Son’s who complied with the law and look into the performance of his own WA Police, who at this stage according to media reports, have no idea who did this and no credible leads? Could there even be an inside job and Police corruption in this case? Who knows, that’s just speculation and the facts around this case are still vague.

O’Callaghan’s statement also appears to be part of another media and political blitz towards firearms that we saw last year, in order to sell support for the running joke of the new National Firearms Agreement. It is also an attempt to attack the findings of the WA Firearms Review which was in favour of deregulation of firearms, particularly public land hunting and Airsoft.

Ironically, one of the recommendations put forward by WA Police in that same review was that people who own 10 or more firearms should have a mandatory alarm system fitted to their property. The theft at Barry and Son’s well and truly answers that question, even more so given the Police response time.

Way to undercut your own argument.

O’Callaghan’s statement is also a symptom of a much larger problem in the bureaucratic fraternity – the politicisation of Police Commissioners. We don’t get to vote for them, so why should they act as if they are elected? What happened to merit and appointing someone who worked their way up? Why shouldn’t Police members get to choose who leads their service?

Political appointments often do not end well particularly for firearm owners – whether it be Queensland Police Commissioner Ian Stewart’s involvement in taking away Category H licences for farmers, NSWPOL’s Andrew Scipione and his handling of the Lindt Café siege or Victoria Police’s Graham Ashton ongoing crime fiasco in Victoria. And let’s not forget the worst political appointment of all time, Christine Nixon.

The exact same can be said of members of the Australian judiciary although given the current standard, we’d be holding monthly recall elections if that were an option.

Further, a point that is not often made is that being anti-firearm in the Australian Public Service is also used by those in charge as an incentive to further careers. Coming out in support of disarmament of the populace, while enjoying the benefits of taxpayer funded armed security and not having to face any consequences for your decisions which affect ordinary Australians, has been used as a financial and social weapon and as a way to continue the agenda of gun control within Australia – be it the Police, Attorney General’s department or in the party room.

The recent appointment of former Victoria Police Commissioner Ken Lay to the board of the Alannah and Madeline Foundation, further illustrates this point. You scratch our back, we’ll load you up with tax free money and speaking tours until your sense of self-importance is stroked beyond measure.

Just imagine if an Australian Police Commissioner came out as pro-gun as Sheriff David Clarke. AMF, GCA, the Greens and John Howard would be fighting each other over media opportunities to denounce them and try to destroy their career.

In the meantime Karl, focus on catching the perpetrators of this crime and spare us the victim blaming.

 

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