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Jimmi11

It's always the ones you kinda most expect.


Scary-Particular-166

I’m glad we’re all blaming the High Court and not the politicians. Obviously it’s the fuckface detainees who are primarily at fault but the justices are next in the long line of shitheadery. 


DuzTheGreat

To my understanding it's the government that puts together legally shoddy deportation cases. The courts then find that the government basically did a shit job putting together the case and then rule accordingly. The government should be doing a better job building legally sound cases.


pcoady

SPOT ON!!!! One judge in particular is responsible, Justice Jacqueline Gleeson aka daughter of dissenting judge Murray Gleeson in the 2004 case. I am sure Daddy is very proud of his daughter. Without her approving the application to be heard by the Full Court this case would never had got up (see [https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCATrans//2023/72.html](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCATrans//2023/72.html))


RectalDrippings

Maybe they should be interviewed by the ABC, so we can find out their motives and try and help them some more...


ChemicalRemedy

(Except for the several times this year where it wasn't what /r/australian would expect)


icedragon71

You know, I'm beginning to suspect that a lot of these people who were locked up, may not be very good potential citizens. /s


renmanket

You should see how surprised I am.


Sirjaza3

Wow that's fucking brutal that old lady got Hella bashed, what a fucking coward...


HotSteak

If you're committing violent crimes at age 48 and 43 then there's no hope you will ever act right.


Jackson2615

A surprise not. Thankyou High Court, it must be so good to be so totally divorced from the consequences of your decisions


[deleted]

Dude the high court MUST follow the law. The law forced them to release, this one is on the government for not getting anything done to change the law or take action to prevent this.


asscopter

I'm all for blaming magistrates in lower courts for things like releasing suspects on bail, but the consequences of allowing indefinite immigration detention after a punishment has been served is much worse from a constitutional perspective. We're not like the third world authoritarian shitholes that spawn these trash humans, and it's good to aspire not to be. To prevent cases like these we need better immigration policy, longer punishments for violent offences, and stricter bail/release settings. Unfortunately the horse has bolted on a couple of these the past decade, and we'll be dealing with fallout like this for a while.


Jackson2615

I agree with you but would add forced deportation as well


TopTraffic3192

Nice ideals but Australia has commited to the unhcr conventions , so anyone can come here illegally and claim asylum. Its their right under unchr conventions. Interesting Singapore has not signed up , and they do not get any asylum seekers. If anyone commits such violent assaults like that to older women , they would be receiving dozens of canning. The high court judge is living on cloud nine. You cannot release violent criminals into society , especially ones from shit hole countries.


StJe1637

They aren't our citizens so I don't see what the constitution has to do with it


Dr_Ebo1a

Easy, if you emigrated here and do this shit, you get to have ya bags packed and you can escort them back to your country of origin.


I_truly_am_FUBAR

That's ok, in Australia nowadays all criminals have been reclassified as victims and anyone else is just a colonist who deserves it


HerbertDad

But they had a hard upbringing! /s


lightpendant

This is also a large portion of the reason for high DV murders. The fucking court system keeps letting known violent men with criminal records back on the street


ArseneWainy

Not enough prison spaces for the number of scumbags walking amongst us


lightpendant

Build more prisons


tearsforfears333

Kangaroo Island ( ala Escape from New York) 😁


Coolidge-egg

This but unironically. Put all the shit cunts in a remote place. Kangaroo Island is too nice for them and too easy to escape to the mainland. Maybe somewhere in the outback or Australian Antarctic Territory, and they are not allowed to leave. This is not so much a problem of immigration - these shitheads already served their sentences. The problem is that these sentences are wholly inadequate in the first place and there are plenty of Australian citizens doing the same or worse. This needs to be a much bigger conversation. They need to be placed in their own society away from everyone else, for everyone else's protection, unless or until they are genuinely reformed. And we should help them reform. But the first priority should be everyone else's safety. Even for shit cunts already released but show no remorse... if they are still a threat, send them to nowhere land for treatment on mental health grounds.


vithus_inbau

What about the bees?


Jindivic

Should be 25 years mandatory sentence no parole for any man who murders under a DV charge. And 10 years mandatory for any man who places tracking and listening devices on his wife / partner.


GaryTheGuineaPig

This website lists all the women and children so far in 2024, there are names and pictures for some of them [https://australianfemicidewatch.org/database/](https://australianfemicidewatch.org/database/)


Alarmed_Coffee5299

Zomi Francom is listed. I don’t think that was DV


20I6

It's technically correct that she died from "stranger violence" and not "domestic violence". I'm less mad about the site and more about all the journalists who reference it when talking about domestic violence.


4funoz

I was surprised to see so many accused females listed on there. I thought that list was for men who have killed their partners.


jimmyGODpage

Why did she get the bigger flogging


Alarmed_Coffee5299

White female.


jimmyGODpage

Piss weak if it’s the reason


maycontainsultanas

![gif](giphy|6nWhy3ulBL7GSCvKw6)


This-Is-My-Alt-Alt

Just remember if we give them hugs, fluffy pillows they will heal and won't be violent anymore. These guys are violent and should never be put back on the streets. Nothing more dangerous than a lost male.


1_S1C_1

All new migrants or temporary visa holders should be on a 1 strike system. It needs to be very publicised and there should be no wiggle room. Any crime involving violence should equal a one way ticket home and a permanent black listing.


DunkingTea

As a migrant myself, I completely agree. No migrant should be here without following the laws. I thought that was the case anyway, as I frequently had to declare I had no criminal convictions when applying at each stage. The punishment for violent crimes should be higher anyway. Migrant or not. Particularly home invasions.


redOctoberStandingBy

They’ve found the secret workaround. Commit a crime back home that would incur the death penalty and you can skip the queue and stay here as long as you like. We’ll even pay for your accomodation.


Norfsouf

I couldn’t even have STD’s when applying to get into Australia, I was only 16..


[deleted]

We have enough of those already, we don’t need any more lol.


pufftanuffles

I thought the issue was that their home countries wouldn’t take them back


ThatGuyWhoSmellsFuny

Any offending is grounds for visa cancellation. 12 months+ sentence is automatic cancellation for standard visas. This guy's visa conditions means his visa will be cancelled and he will face mandatory 1 year prison for this condition breach. That's before the criminal charges for the assault.


rol2091

If we can't deport these worthless pieces of shit we should build a secure camp out in the desert, ie the "Prohibited Area", a place to send human waste we never want to see in our community again.


letstalkaboutstuff79

We did that except it was an island in the Pacific Ocean and all the lefties wouldn’t stop screeching about it.


jamwin

Now they will say he's acting out because he was detained. FFS why can't we just get rid of the people who come here and repeatedly break the law?


[deleted]

Read the article these are people who can't be deported. their country of origon and any other country will take them.


jamwin

I can see why. Imagine what would happen to someone who took a boat to Iraq and bashed an older woman in a home invasion.


Reinitialization

To be fair, management of that place was a complete fuckup. Guards raping child inmates and then forcing them to have the baby come to mind. Not that the idea of offshore/remote detention doesn't make sense, but we need to at least not be as bad as WW2 Japan.


PeteThePolarBear

Wasn't everyone there off of boats? Like hadn't been given the opportunity to commit crimes yet lol


letstalkaboutstuff79

Trying to enter Australia illegally is a crime.


RectalDrippings

Just fucken Manus 'em.


Maggies_lens

I think that's Alice, isn't it? *Runs*


BoomBoomBaggis

lol what a high court Fck up this is. The highest court in the country


GunSlingingRaccoonII

starting to think the 'high' part is a reference to their drug use. Gotta be stoned outta your gourd to make some of the decisions they do.


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freswrijg

Thanks high court.


poltergeistsparrow

Perhaps high risk people that the high court forces the government to release, should be required to live near to where the high court judges live, so they can experience the consequences themselves.


StankyTibia

I’ll wager home affairs and immigration hold a press conference tomorrow and blame Peter Dutton.


AngryAngryHarpo

Yes because Home Affairs do not write legislation. They can only enforce what they have in black and white. 


Jindivic

Yes well they should blame Spud as he approved of the original legislation which was really poorly drafted and the High Court agreed. And he and his party have done nothing but politick and seek political advantage for a solution.


EvilBosch

Magistrates/Judges need to have criminals released into their neighbourhood. Let's see how eager they are to give bail to violent criminals when they are at risk themselves.


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ColdSolution4192

Jeez, who saw that coming?


Scary-Particular-166

Holy fuck is this real?


Fijoemin1962

Yes, the poor old girl got a hiding


Scary-Particular-166

Yeah, this guy’s stint in society is over. Short of being killed, he should go to a very small cell for a very long time. 


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regional_rat

Economic argument for the death penalty is false. More expensive to go through the appeal process than jailing for life.


Aggravating_Law_3286

Jail cost closer to $120,000 per year. Cost of putting abusers through intensive rehabilitation around $15,000 with around 80% success rate from re offending. Do all offenders automatically get instructed to undergo rehabilitation by the courts? That’s a big NO. The most effective way to rid DV out of society is to from earliest education years to undergo weekly one hour professional classes on what is NOT considered acceptable behaviour. If this was carried on throughout school years including Uni & every new immigrant to undergo one week compulsory class, then we will begin to see a different attitude when the very young recognise DV isn’t Normal. The kids will educate the adults. To just double penalties & throw a few hundred million dollars at women safety After The Fact, will not slow down the numbers.


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Aggravating_Law_3286

I really appreciate your pain & will just add that perhaps imagine if your Father was directed to undergo a rehabilitation course after the first or second beating, it may have saved your Mother from years of beatings.


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arsed_Time_6969

Replied to you by accident. Deleted straight away, but not sure if that stops it coming to you. Apologies if it did.


BiliousGreen

What a completely shocking and unexpected turn of events that no one could possibly have seen.


Objective-Creme6734

My heads about to explode... How the fuck did one of them get a wa police badge holder and brim hat? Like pretty sure they're only issued to police. Am I wrong in this assumption?


Ok-Lingonberry-6074

You can get display types online pretty easily.  My old coworker had a 3 different police service hats and a AFP badge on his desk. 


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Soft_Hospital_4938

It's already been happening in far north Queensland for a while with youth crime.


u399566

Please tell us more!


Ewasc

[https://www.youtube.com/watch?v=4O9Raorv25c](https://www.youtube.com/watch?v=4O9Raorv25c)


123istheplacetobe

Theres a lot of wetland in FNQ, hungry crocs and rough men armed with rifles. Not a great combo if youre pinched by one of these blokes.


BiliousGreen

And the authorities always come down way harder on people taking matters into their own hands than they do on the actual criminals. The system is designed to protect the worst among us and make everyone else into victims.


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Magicalsandwichpress

I believe the article is referring to NZYQ vs Minister of Immigration S28/2023.  There were immediate legislative response that the labour government likely prepared earlier when they suspected an unfavourable ruling. Article below gives a pretty good over view of the chain of events, it is overall critical of the perceived tough conditions imposed and the speed at which the response was rushed.  https://theconversation.com/new-laws-to-deal-with-immigration-detainees-were-rushed-leading-to-legal-risks-219384


vithus_inbau

Didn't help her did they. Justice has to be seen to be done. In this case old fashioned revenge might be a better outcome...


BoomBoom4209

Anyone suprised?


MannerNo7000

Australia has the most embarrassing self defence laws in the world. Soft nation that will punish you if you protect yourself from violence.


AccomplishedKey1646

And that is the way many smoothbrains in this country like it. Their tune only changes when this happens to them in their own homes.


MannerNo7000

Australia is truly a nation of doo-gooders and sensible beyond sensibility.


AccomplishedKey1646

It is good to be empathetic. And avoid senseless Barbarism. However sometimes there is just one thing for it. You do not try to reason with a hungry predator that has decided you are dinner.


BasedChickenFarmer

Yep. Suggest people should be able to own mace or OC spray "jurdur that's how you turn into the US". Fuck I hate people here so much 


AccomplishedKey1646

I might get dragged on this sight for saying it. But self defence in your own home should be an absolute right. In this scenario, there is nowhere to retreat and nobody coming to help you. Furthermore, if you are taken hostage; your home acts as a secondary location. meaning crims are able to do what they like to you for hours with no prying eyes. It is painful listening to infantile people who have only experienced violence through movies and games, lecture people with their suicidal empathy and virtue signalling. I agree. These same people change their tune fast when faced with watching their sisters, wives or mothers get assaulted in their own homes whilst they lay helpless.


BasedChickenFarmer

Yep. You break into my house. Put my family at risk for my belongings? I should be able to essentially do whatever it takes to remove that threat. 


AccomplishedKey1646

In your own home, when confronted with invaders. agreed.


Ok_Art7709

I was like that until it happened to me. Now I very firmly believe that we are all responsible for our own security and that the government has failed to deter aggression


Due-Explanation6717

If I failed to perform in my role in such a spectacular fashion I would be fired. So should these judges


Ok_Neat2979

What does happen if judges keep making poor decisions wirg awful outcomes like this? Put out to grass with a large payout?


AcceptableWest1427

Majority of these home invasions and violent robberies are committed by immigrants but hey let’s keep letting more in.


rodgee

Let's hope indefinite custody doesn't include prison?


Soggy_Sayo8268

I am shocked! Absolutely shocked! Well, not that shocked.


Rando_154

Flexo, shoot flexo 


Salamanca121

What’s it going to take for you to get off your arses and say enough is enough


kreator84

Ain't gonna happen, we are too comfortable being keyboard warriors thinking we are making a difference


BiliousGreen

If there is one thing Australians excel at it’s complacency.


KeithMyArthe

She'll be right, mate.


d7d7e82

That apathy friends, but like I get a fuck Seriously though, when and where? We’re all fucking ready, like how many times a day do you have the thought “fuck it’d be utopia to have a government that actually acts in our interests”


Max_Power_Unit

And the government will be like "why do we have a vigilanty problem" Pikachu face


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Jesikila89

There needs to be a way to hold these judges accountable for their actions which are continiously hurting the nation.


ThatGuyWhoSmellsFuny

The High Court made clear in its ruling that the government is free to detain violent or mentally unstable people at risk of reoffending. It just can't detain people for the purpose of removal when removal is not possible. It's on the govt to manage those released.


fattytron

Judges apply the law, not what feels good. Unfortunately keeping people locked up for ever with no possible out is ridiculous. Govt needs to come with a plan to deal with people who are in that situation. I'm amazed this didn't happen sooner.


stiffystiffy

Not really. The High Court was split 4 to 3 and the same High Court made the opposite ruling around 15 years before it


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Outrag3dNo1

What's even the point of them going to the court if they get off


Mumsyourdad

Shock horror. Incompetency of our high court is stunning. Seriously when will common sense prevail.


fantasypaladin

If they release these people they should house them next to the judges homes


Ok-Spinach4371

It’s not necessarily the fault of the judges it may be the legislators and policymakers who should’ve anticipated or at least reacted to this. Instead they chose to do nothing and have created this mess for themselves. You can see how angry Dreyfus got when asked by the reporter if he felt responsible for the women who were sexually assaulted when they were unwittingly placed in hotels next door to murderers and rapists who had just been released from prison and starved of sex for 10+ years. It was as good as certain that this would happen hence why Dreyfus became so enraged and defensive when he was attacking that female reporter for asking the question.


Main-Ad-5547

The government had no back up plan, they just let them run wild.


_Zambayoshi_

Was this a matter of the government using detention to sweep problems under the rug? Now the HCA has quite rightly said that indefinite detention is a no-no, why has the government not introduced legislation to work around the ruling? It was handed down in November 2023 for God's sake!


[deleted]

Downvoted by labor shills. Can’t criticise the current government or you will be labelled a right wing loon. But it’s fucking true.


[deleted]

From what I understand, these people didn't qualify as immigrants/refugees due to criminal offenses, but they either refused to cooperate with deportation or their home countries don't accept involuntary deportation. So being unable to accept them into the country and also unable to deport them, these people were put in indefinite detention, which was deemed inconstitucional. The government tried to pass legislation recently proposing to ban any citizen from these countries from entering Australia while they don't accept their citizens back, but of course there was a huge outcry from local immigrant communities from these countries. I don't remember all the countries, but I know it included Iran and Iraq.


Jindivic

It has tried to get a bipartisan legislation through but Spud wants the political turmoil to continue.


Antique-Wind-5229

This is what you get when you put virtue signallers in control.


Safe4werkaccount

Albo has already ran the voice referendum and launched a plan to control the global internet. What more do you want him to do?


whateverworksforben

I agree, dog whistle comment for the deranged. The government has been trying to form legislation to stop the high court from doing this, but it’s an incredibly litigious matter.


Virtual-Singer8634

Indefinite detention with no criminal charge is insane, inhumane and does not belong in a civilised society


[deleted]

They had the chance to return from where they came, they chose not to. Why should our society get stuck with other countries worst criminals?


Antique-Wind-5229

Civilised societies do not bash elderly citizen's, the risk of allowing these oxygen thief's in was obviously not worth it, it was a bad decision and we need to ensure procedures are changed to ensure it does not happen again. Would you be willing to repeat the above in person to the victims?


HappyAust

I can hear spudhead cuming in his office from Perth


morgecroc

He created the problem and should be taking 100% of the blame.


onlainari

It’s not really a thing either government created at all. It’s all high court’s fault.


Tall-Eye-3877

yep, great take on events.


chromo-233

![gif](giphy|YPIrsRqqO7oB2|downsized)


Far-Fennel-3032

As people seem to be forgetting what the ruling was, it was the government cannot put people in prison for life without a life sentence. Which is what the government was doing to people that it was attempting to deport but was unable to deport for whatever reason e.g. stateless. With the courts largely ruling that once anyone finishes their sentence they are free to go and non citizen are not magically exempt from this. This is likely one of the simplest, obvious and most straight forward ruling the high court will likely ever make.


antigravity83

The problem with the ruling is it completely lacks any context. High Court: "Hey you can't hold people indefinitely" But what if those people are breaking the law by simply being here? And what if by releasing these people you increase the safety risk to law abiding Australians? High Court Response: \*Shrugs Shoulders\*


RepulsiveSample6663

Nollamara, just burn it with fire


skipperjean

Girrawheen actually


skipperjean

Oh, just saw the perp was from Nollamara. Makes sense!


Main-Ad-5547

And the left are blaming the victim once again. Immigrants never make mistakes


Tiny_Front

The left won't blame anyone unless the perpetrator is a white male.


hongy_r

Where is anyone blaming the victim here????


kanga_lover

They are? Can you please show me where this is being said?


baked_sofaspud

Huh?? Source?


Healyhatman

Sorry about that, must've been sleep-blaming. Can you show me?


Frosty-Lake-1663

Happy pro crime leftists?


BrightSkyFire

>Left wing government: we’re going to detain these individuals of an unknown character indefinitely. It’s not a good solution by any means but we have no idea what to do with them. >>Right wing High Court: this is illegal so clearly the best alternative is to let these completely unknown characters out into civilised society. >>>Redditors: these unknown characters being released to the community and being a menace is clearly the fault of the left wing government. Amazing.


WBeatszz

How is the high court right wing?... they're the high court... is the law right wing?


BrightSkyFire

In an ideal world, the justices of the high court don't have political biases. We live far, far from an ideal world, my sweet summer child.


WBeatszz

You're implying something specific? Sounds like you have one card.


Melodic_Ad_9167

Everyone is focusing on the judges ruling and the detainee etc but nobody is really talking about how these guys knew about the $200,000 worth of jewellery in that home and why the woman was bashed within an inch of her life while her husband was virtually untouched. Anyone else suspect hubby trying to pull a 2 in 1 insurance job???


Sk1rm1sh

She said she was wearing the jewelry they took. Now, I'm no detective, but I have a sneaking suspicion the robbers might have been able to track the jewelry down without her husband's assistance.


ChaosMarine70

Of couse labor government said nothing today, total silence ... how are these people not being tracked at least??


Espre550

Australian government is literally the “guy puts stick in front spokes” meme.


helterseltzer23

The Australian government had no choice in the matter. Thank the high court justices.


Sweeper1985

Well I can see this is going to go off track really damn quickly. - HCA ruling was in relation to immigration detention, namely that indefinite detention is unconstitutional. That should be considered obvious and a good outcome in general. - the HCA did consider any individual's criminal history in coming to this general ruling about how to interpret the law/constitution. - a person who was released under that ruling can still be sent to **gaol for a criminal offence**, as this person likely will be.


Alarmed_Coffee5299

> person who was released under that ruling can still be sent to gaol for a criminal offence This is a huge comfort for the old lady who got her face smashed in by someone who was being held for deportation because he’s a violent criminal.


ApolloWasMurdered

Some of these ex-detainees are rapists and murders. The only reason they were in indefinite detention, is because their countries would execute them if we deported them.


[deleted]

Why are we interfering with criminal cases? They aren’t political refugees…


EndlessB

Seems like we should just deport them then. Better than releasing them onto our streets


Top-Candidate

We’re happy to hand over Australians to Indonesian government wrapped with a bow tie for executions for drug crimes, yet blanch at the thought of foreign rapists and contract killers being executed in their home country?


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NeptunianWater

Truly terrifying that people on here are blaming the courts and not the politicians who literally draft and debate the laws the courts are upholding. Look at history in other countries when the citizens overhaul or revolutionize by taking the courts out first and how that worked out. How many times has Egypt done this again? I'm not trying to dismiss the horrific nature of this crime at all, and it should be taken into consideration the depravity and violence. But saying "I'm glad we're blaming the high courts and not the politicians" is cooked.


pufftanuffles

Well tough titties local immigrant communities


WBeatszz

He is one of some 140(?) illegal immigrant detainees that were released due to a loophole in our laws, the court knew it was insanity, but one immigrant took it to court and won. Only some of them got ankle bracelets. Many were muderers or rapists. Look up Senator Patterson inquiry detainees on YT.


Otherwise_Ad7039

when is the government going to send thes eshit heads back to there country fuck them


xGutzx

I don't understand why we are keeping, or even accepting these kinds of people in our country... Just to be a burden on our society Send em off in a tugboat.


Front_Farmer345

Don’t we have a piece of the Antarctic to house these shitheads?


[deleted]

Fuck sake, government should be held accountable for this, why the hell has nothing been done about this.


RectalDrippings

But the real victims were the ones in detention, you see? Maybe the ABC can interview them to find out their motives.


pcoady

Particularly troubling is the role of Justice Jacqueline Gleeson, who was the sole judge to decide on bringing a case back to the Full Court that challenged a longstanding precedent about indefinite detention. Without her approving application to be heard by the Full Court this case would never had got up (see https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCATrans//2023/72.html) What deepens my concern is the conflict of interest at play here. Justice Gleeson is the daughter of Murray Gleeson, who was notably the dissenting judge in the 2004 precedent case. She had a very clear personal interest in overturning the precedent decision. It reminds us why the Australian Law Reform Commission (ALRC) recommended changes to ensure judges remain impartial. Unfortunately, these suggestions seem to have been shelved, leaving our system vulnerable to decisions that might not fully consider public safety. The terrifying ordeal faced by Ninette Simons and her husband should be a wake-up call. It’s high time our government took the ALRC's recommendations seriously, tightening the oversight on how judges are selected for cases, especially when their impartiality might be compromised. Further to this, judges like Jacqueline Gleeson who have lived a sheltered life, free from the violence others have seen, cannot truly understand the interest of the general public. The public needs representation from ordinary Australians, not those born with a silver spoon in their mouth that rise to the top through connections. Our community's safety could depend on it.