Dylyn Davis: Judicial activism at its worst
23rd May 2018
“The Three Strikes Law was passed by the Highest Court in the land [Parliament] if the Judiciary refuse to fully implement the tools Parliament has given them to protect the public then SST will.” Garth McVicar:
McVicar made the statement after Justice Paul Davison refused to impose a Life Without Parole [LWOP] sentence on Dylyn Davis who at 26 years old had amassed a long history of violent offending. Davis had two previous strike warnings among his 40 previous convictions meaning that under the Three Strikes regime Justice Davison had the legislative provision available to sentence Davis to an LWOP sentence – meaning he would spend the rest of his life in prison.
But Justice Davison decided that such a sentence would be manifestly unjust, or a disproportionate penalty for the offender.
McVicar slammed the Judge’s decision saying; “Would you believe it – after the despicable crimes this mongrel has committed the Judge still decides not to give an LWOP sentence as it would be manifestly unjust to the offender!”
“Judge Davison may well have felt his hands were tied by the previous Court of Appeal decision in RvHarrisonRvTurner.pdf but if we are serious about public safety at some stage a Judge or a politician is going to have to ignore these previous decisions and do what they believe is right – and say to hell with the consequences.”
“What we are seeing here in my opinion is judicial revolt at its worst. Parliament passed the 3S law to ensure that public would be safe from recidivist offenders such as Davis. The fact Justice Davison has refused to abide Parliaments decree is a constitutional outrage.”
McVicar said the Sensible Sentencing Trust is intending to petition all members of Parliament asking them to remove the manifestly unjust clause from the 3S legislation, “So that Judges will be forced to do what Parliament intended them to do – that is to protect the public from the worst offenders – offenders such as Dylyn Davis.”
“Until Parliament removes this loophole SST has decided to name and shame Justice Paul Davison on its Judge the Judges web-site.
“We will also be adding this despicable killer, Dylyn Davis, to the SST Offender data-base to ensure that any member of the public can go to our web-site and see what a low down scum bag Dylyn Davis is.”
“If Justice Davison refuses to protect the public from this despicable offender then SST will do the job for him.
“Dylyn Davis is hereby sentenced to a Life without parole sentence and his name and appalling deeds will be available for public to read anytime they wish.”
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