Tyson Joel Wylie spotted his victim from across the road.
He calmly checked for traffic before striding across the Sunshine Coast street. He jumped a rail at a taxi rank, determined to reach his target.
Then, the 26-year-old delivered a series of powerful blows with his left fist. After the second, the man whose name Wylie didn’t even know fell back against a rail. With the third sickening coward’s punch, he fell to the ground like a sack of potatoes.
After his victim was unconscious, with fractures to his face, an undaunted Wylie evenly strode off, not checking whether the stranger he just knocked to the ground was still alive, before being apprehended by police.
It was a stroke of good fortune that the entire incident – the second violent attack by the perpetrator in one week – was captured on CCTV.
But Maroochydore magistrate Rod Madsen deemed the video evidence was not worth watching.
According to The Courier-Mail, he twice refused the police prosecutor’s offers to play the video, saying: “I don’t like watching videos, they can be very subjective’’.
“They can become emotive,’’ the magistrate said.
“I rely on the evidence… facts.’’
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you do a bit of reading into convictions (WA were the easiest to find - http://www.dpp.wa.gov.au/_f... has enough dry reading to get the idea) and he looks to have been sentenced in the upper range of sentencing guidelines, a couple of examples from the file; 21 yr old lady starts an argument with a stranger on a bridge, hits until victim falls over, continues with assault on the ground while her friends hold him down- 9 mths imprisonment, 29yr old male with previous convictions for DV against victim that was under a protection order - aggravated by breach of bail - 22 months imprisonment. There are plenty roughly the same, so this fellow getting 24 months is pretty hefty - most likely for all the factors typed out in text that I get without having to watch a video.
The guy plead guilty so the video is does not help on that side and judgments have to be written and qualitive statements of a video (that could have been edited by the prosecution to fit their case) will not stand on appeal so I kind of get where he is coming from. At the very least, there are few professionals (even in medicine) that get their work checked so thoroughly as a judge.
As regards to the length of sentencing, don't really much of an opinion except to say that Finland went from Russian "tough on crime" system to probably the laxest system on Earth (no gates or walls and leave from prison is routine) and is also now one of the safest (obviously not entirely due to lax goal).
Two year SUSPENDED sentence. That means zero months imprisonment. Not 9 months or 22 months as per your example, zero months.
two other examples from the same file; fellow gets into argument with stranger at a cultural center, punches him, rendering him unconscious, 9 months imprisonment - successfully appealed and changed to 8 months suspended sentence, Taxi driver does not get paid, chased victim, dragged him to ground and punched and stamped him while on the ground - 12 months imprisonment - successfully appealed and changed to suspended sentence.
$100 the magistrate had a connection to the perpetrator in some way.
What is more objective than video evidence? Isn't family references more subjective if that was his concern?
Yes I thought the same thing Brett - there has to have been a motivation on the judge's behalf to "protect" this scumbag. I thought "family acquaintance" or money myself. Such a shame that we have to be so cynical these days, but this ruling beggars belief!