Aussie News on RAPIST CASE!

Appeal possible in bikeway rapist case
By Christine Flatley and David Barbeler
From: AAP
February 23, 2010 3:18PM

QUEENSLAND'S chief legal officer is considering an appeal after a court slashed nine years off the sentence of Brisbane's bikeway rapist.
Luke James Colless, 34, was handed a 25-year jail term in the Brisbane District Court in August for a string of attacks along Brisbane bikeways.
Between April 2006 and July 2008, Colless attacked 11 women, "violently raping" five with his fingers, sentencing Judge Marshall Irwin said.
Today, the father of four had his sentence cut to 16 years after the Court of Appeal accepted claims the original term was excessive.
Colless pleaded guilty to five counts of rape, five counts of assault with intent to commit rape, six counts of sexual assault and two counts of assault occasioning bodily harm.
Premier Anna Bligh said today that Attorney-General Cameron Dick was seeking advice from the solicitor-general on what course of action may be open to him to launch a further appeal to a higher court, and whether there was any chance of success.
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Related Coverage
Rapist sentence: State unhappy Courier Mail, 2 hours ago
'Bikeway rapist' appeals Courier Mail, 7 days ago
Eight victims to sue rapist The Australian, 31 Jan 2010
Bike path rapist to appeal sentence NEWS.com.au, 11 Sep 2009
Compo for bikepath rape victims Daily Telegraph, 29 Aug 2009
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"For those who remember these attacks, they not only had a devastating attack on their victims they also had a very terrifying effect particularly on women who use bicycle paths or running attacks around the city," Ms Bligh said.
"This was a very menacing series of attacks in and around Brisbane and the state opposes this individual's appeal in the strongest possible terms."
Last week, Colless appealed against his sentence, with his lawyer Carl Heaton arguing in the Court of Appeal that 25 years was "excessive".
Mr Heaton argued that Judge Irwin had not balanced the "objective circumstances of the offending" with the "significant and compelling mitigating factors in (Colless') favour".
He said Colless' offending was less serious than other comparable cases relied on by the Crown and that too much weight was placed on the degree of violence Colless used to subdue some of his victims.
Mr Heaton argued that in his client's favour was his extremely early plea of guilty, his remorse and his own admissions to police.
The lawyer said these factors should have led the judge to arrive at a sentence of around 15 to 16 years.
The Court of Appeal upheld Mr Heaton's arguments and substituted a 16-year sentence in place of the 25 years handed down last year.
This means that instead of being eligible for parole after serving 15 years, Colless will be able to apply for release after serving a little less than 13 years in custody.
He will be required to undertake a sexual offender course before being granted his freedom.
In making the decision to cut his sentence, the three judges of the Court of Appeal noted the "substantial mitigating circumstances of the case", ruling Judge Irwin failed to make "adequate allowance" for them.


Summary:
Luke James Colless was sentenced to jail for 25 years for a continuous attacks along Brisbane bikeways. He sexually abused 11 women with his fingers. The victims would have a very terrifying effect. However, he pleaded guilty to several cases to cut down his jail sentence by appealing against his sentence with his lawyer, Carl Heaton. Heaton argued that 25 years was excessive instead a sentence of around 15 to 16 years should be more proper. He will also be required to undertake a sexual offender course before being granted his freedom.

Critique:
The article discussed about bikeway raping case where the culprit is sentenced to jail for what he had done. It is important that a person learn his lesson after commiting crimes so that no women are further sexually abused. We should always plea for guilty if we really did mistakes in life. It is never too late in anything as long as a willing heart to change is there.