Victoria's attorney-general has defended the state's justice system following the conviction of a serial burglar who brutally bashed a 91-year-old woman.
John Kelsen was sentenced to 11 years' jail on Wednesday for attacking Rachel Williams in August 2007, after breaking into her Broadmeadows home six times.
She died a month later, but there was not enough evidence to link her death to the attack.
It was revealed Kelsen had numerous previous convictions for burglary, theft and assault, but he had never spent time in jail prior to his attack on Mrs Williams.
Attorney-General Rob Hulls defended the system on Thursday, saying he believed entirely in judicial discretion.
"I wasn't privy to anything heard before that court," Mr Hulls told reporters.
"I'm not privy to the actual nature of the charges, whether or not the person pleaded guilty. I'm not privy to background information in relation to those charges. That's why I continue to support judicial discretion."
He was happy with the "checks and balances" that were in place in the system.
"It is entirely up to the court what sentences they deem appropriate, based on the facts presented before them and based on the sentencing act which takes into account a whole range of matters."
He said if a magistrate or judge got a sentence wrong, the decision could be appealed, as happened in a "small number" of the 90,000 cases heard in Victoria every year.
"I do not think that politicians should be the one who are the judges and also the juries and also the sentencers.
"I'm firmly of the view that an independent judiciary is the cornerstone of a true democratic system and judicial discretion is absolutely essential."
aap 2 Apr 2009
It's VERY simple, if the justice system worked, then there would be NO NEED to defend it.
Too many times criminals have been let out, with full knowledge that there is NO chance of rehabilitation, and they re-offend, quite often with more violent crimes.
The law system is fully aware that once in jail, the criminals become more hardened. The statistics prove it.
The biggest problem is that these criminals are let out into society, where John Citizen is effected, and NOT the law and policy makers.
The Anglo - Masonic Judicial System favours Corporate Crime, and in general is too lenient on violent crimes against Mr. Citizen.
As an example statistics shown by the Herald Sun on crimes committed by Celebrities / Sports Stars versus the SAME crime (Drink Driving) committed by Mr. Average, Mr. Average receives a conviction, whereas Celebrity figure gets a slap on the wrists.
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