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Marcus Einfeld (1 Viewer)

incentivation

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Einfeld appears for sentencing | smh.com.au

It will be interesting to see what sentence is handed down. The judiciary rarely hesitates in duly punishing other public officials (retired or otherwise) due to their knowledge and position of power.

I doubt we will see the same rationale applied in this case though.
 
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Kujah

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The former Federal Court judge Marcus Einfeld has been sentenced to more than two years for lying to evade a speeding fine three years ago.

The sentence was handed down by Justice Bruce James in the NSW Supreme Court today.

For the first offence of knowingly making a false statement under oath Einfeld was jailed for one year and nine months.

For the second offence of trying to pervert the course of justice he recei ved two years and three months.

During his sentencing remarks today, Justice James said Einfeld engaged in "deliberate, premeditated perjury'' in order to avoid incurring demerit points.

He also concluded Einfeld had engaged in "planned criminal activity''.
Einfeld sent to jail | smh.com.au
 

gibbo153

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A fascinating story this has turned out to be. If only he had paid the $77 like any other person.
that's the best part, it was over such an insignificant matter. its the same stupidity of people who spend about a long time walking around the house looking for the tv remote instead of just doing it manually on the tv.
 

incentivation

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But what he did was not destructive to others, merely dishonest and stupid. One stupid mistake should not be enough to condemn a man to prison.
Here is a man who once held a position of extreme authority in the justice system. He presided over matters of a similar nature and sentenced people as such. He has a knowledge of the law like very few others.

He deliberately undermined the very law that for many years he administered.

James J summed it up rather well.

Any lawyer, and especially a lawyer who has been a barrister and a judge, who commits such an offence is to be sentenced on the basis that he would have been fully aware of the gravity of his conduct
 
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Scissors

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I tend to agree with zimmerman.

But then, no one is above the law.
 

blue_chameleon

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Here is a man who once held a position of extreme authority in the justice system. He presided over matters of a similar nature and sentenced people as such. He has a knowledge of the law like very few others.

He deliberately undermined the very law that for many years he administered.

James J summed it up rather well.
Hear hear.

He knew what he was doing, and the potential consequences. He played and lost.

EDIT: I don't think he'll last the two years in jail.
 

withoutaface

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He's sentenced people to gaol for similar things. This should be no different and if it was, then how are you going to uphold the integrity of stat decs?
 

Raven3333

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Law should be equal for everyone, me and you wouldn't get this sentance for the same crime and he shouldn't eaither
 

Smithereens

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It wasn't a sentencing over a parking violation, rather, perverting the court of justice/perjury.
 
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Smithereens

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There is no logical basis for premise 3, and therefore for premise 4. But even if we accept premise 3, by the same token, Einfeld also gave people who perjured and perverted the course of justice non-custodial sentences.

So applying the same logic, it is just as valid to conclude that he should be given a non-custodial sentence.
Such as whom? Yeah, but the severity of the charges of perjury and perverting the court of justice in Einfeld's case would probably be much larger than those who had received non-custodial sentences.

The Supreme's Court just doing what it would (or similarly) have done for people who have committed those charges with the same severity as Einfeld.
 

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