Attorney-General Cameron Dick said the reforms – passed last night – strengthened the laws relating to dangerous sex offenders and improved community safety.

“These amendments will enable judges to impose indefinite sentences for many more crimes, including torture, incest, maintaining a sexual relationship with a child, and indecent treatment of a child,” he said
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His girlfriend of just two weeks Melissa Neylon was thrown from the car that then fell on her and killed her.
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From Wednesday, lawyers acting on behalf of the Director of Public Prosecutions Jeremy Rapke, QC, will argue during pre-sentence hearings for aggravated burglary cases that judges should have more regard for the 25 years’ imprisonment that was set as the maximum penalty in 1997.

Mr Rapke said the median sentence for aggravated burglary since 2000 has been just two years’ jail.

“Prosecutors acting on behalf of the DPP will argue at plea hearings of aggravated burglary cases that the courts need to have greater regard to the maximum penalty fixed by parliament and not be constrained by current sentencing practices, particularly where current sentences are so low,” he said in a statement on Tuesday.

Mr Rapke will write to the accused in aggravated burglary cases signalling his intention, so they can take that into account when deciding whether to plead guilty or contest the charge.

He said this would be the first stage in a long term process of addressing inadequate sentences for crimes including rape, some child abuse offences, intentionally and recklessly causing serious injury and some drug offences.

Premier John Brumby said he had not seen Mr Rapke’s statement but the community would agree with the prosecutor’s views.

“I’ve consistently said that the courts need to properly reflect community attitudes,” he told reporters in Melbourne.

“I think the DPP is saying that for a range or more serious offences the courts should take into account the need for stronger sentences and certainly I think that’s a view that would be endorsed pretty widely across the community.”

Shadow Attorney-General Robert Clark said Mr Rapke’s comments were “an extraordinary criticism” of weak sentences under a Labor government.

“(It) shows, yet again, that violent and dangerous criminals are escaping with a slap on the wrist under John Brumby’s weak and soft sentencing laws,” he said.

He said the coalition would scrap all suspended sentences and home detention, toughen bail laws and outlaw criminal bikie gangs if elected on November 27.

Mr Clark said a coalition government would also ban violent drunks from licensed premises for two years.

James O’Brien McCulloch appeared in Broadmeadows Magistrates’ Court yesterday after fleeing Australia almost five years ago.

In September last year the Herald Sun revealed that Victoria Police had initially baulked at bringing him back to Australia because of the costs involved. However, he was extradited back to Melbourne this month after handing himself in to police in Dundee, Scotland.

McCulloch fled to his home in Dundee in early 2006 after being charged with indecently assaulting the 17-year-old in March 2005.

McCulloch followed his teenage victim as she walked home, before pouncing and sexually assaulting her.

The 53-year-old yesterday pleaded guilty to one count of indecent assault.

Magistrate Robert Kumar sentenced him to a maximum term of nine months’ jail, and ordered that McCulloch serve a minimum of three months behind bars.

McCulloch has appealed the length of his sentence, with the hearing listed for the County Court on September 29.

The extradition reportedly cost Victoria Police about $23,000.

Police were under pressure to arrest McCulloch after the Herald Sun revealed that force command had been too cheap to extradite him.

Herald Sun readers were outraged at McCulloch’s escape from justice and the outcry prompted police to review the case.

A US entrepreneur even offered to cover the cost for Victoria Police.

Last October, police chief Simon Overland told the Herald Sun: “We have got to the position where we have decided that we won’t be pursuing it and that is largely following discussion with the victim.”

The next day, Chief Commissioner Overland said Victoria Police had reviewed its initial decision after the victim had changed her mind and wanted to see McCulloch return to face court.

Outside court yesterday, the victim’s mother told the media that McCulloch was a “scumbag” and the sentence had brought closure after so many years.

The competition – inspired by the Channel 10 ratings juggernaut – has been held inside Barwon Prison’s notorious Hoya protection wing, which houses the state’s most depraved criminals.

Sex monster John Xydias, who filmed himself raping almost a dozen drugged women, boasted of winning a crate of treats after being crowned Australia’s first Prison MasterChef last year.

His ex-girlfriend Josie, who cut ties with the sex fiend in May, slammed the competition. “It’s like a boys’ camp in there. It really is. I’m all for them learning how to cook, but this competition is just too much,” she said.

“He’s eating better in there than you and I.”

Xydias, a former suburban chef who was an expert at preparing date-rape cocktails, was a hot favourite to take out this year’s event, which was to start in June.

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The Community and Public Sector Union, which represents prison guards, has backed the program.

CPSU spokesman Julian Kennelly said it was part of a hospitality course welcomed by staff.

Mr Kennelly said prisoners getting involved in constructive activities was better than them sitting around “making shivs” (makeshift knives).

“We’re not fussed about it,” Mr Kennelly said.

“The days of chaining prisoners upside-down by a concrete wall are gone.”

Xydias boasted of beating a rogues gallery of the state’s most hated villains in last year’s criminal cook-off.

The unit houses fiends such as the Mornington monster John Sharpe, Bega schoolgirl killer Lindsay Beckett and cop killer Peter Allen Reid.

People Against Lenient Sentencing president Steve Medcraft said victims of crime would be disgusted.

They’re just making a mockery of the crimes that were committed against them,” he said.

“These aren’t petty criminals,” he said.

“They’re the most conniving, cunning and reviled low-lifes of society and we’ve got the authorities bending over to help them make their lives a little bit easier.”

A Corrections Victoria spokeswoman said: “Barwon Prison, like all other Victorian prisons, has a hospitality course to assist people to learn skills as part of rehabilitation programs, which help reduce crime and protect the community.”

Xydias was said to be thrilled with the culinary title, which earned him a bounty of sugary treats. “He got a case of chocolates and stuff like that from the prison shop,” Josie said.

“I don’t know what won it for him, but it definitely wasn’t a croquembouche.”

- with Mark Buttler

Our article from 2007
Newton conviction quashed
Posted on July 17 2007 by admin
Women around Australia should be worried today after this decision was handed down in Sydney yesterday. What is says is that it is ok to bash a woman providing you have a high profile and can show that you have some mental imbalance. Never mind the facts that you have a problem with substances that can cause irrational behavior such as drink etc, because that means that it wasn’t your fault. Obviously the large number of people who gave references to Newton also shares the same belief that bashing women is acceptable no matter what the excuse and the Judge who handed down this deplorable decision must share those same sentiments.

It was interesting to see that the victim of the offence never got to have any say in their appeal process. Obviously she is of no concern when it comes to Justice and this decision only weakens the confidence that people, especially women, had in the Justice system of this country. The frightening thing about this decision is that when he decides to let fly next time when things don’t go his way and it is a well known fact that wife bashers in particular revert back to their previous form when they get angry, he will appear as a first time offender and will be treated most likely as Leniently as he has been here. This is a Black day for Justice. Judge Joseph Moore has just qualified himself for nomination to the Most Lenient Judge of the Year Award.