Quite true on all counts. The criminal justice system is rapidly becoming like the Civil system where justice and truth are immaterial. The size of one's wallet is all that matters. This alone should ring alarm bells and doing nothing will not fix the system or engender faith in it from the community.
I think this is true in almost every aspect of life. If you pay for the services of someone who is better at their job you will almost always end up with a more favourable outcome.
The criminal justice system is no different. Crimes and court cases are not black and white. If you hire someone that is better at arguing your side of events, you are more likely to end up with a better outcome. Likewise, the best prosecutors (often Mark Tedeschi QC (Quade Cooper)) is given the highest profile murder cases to prosecute because he is most likely to end up with the best result for the Crown.
The Police made an error (and a fundamental one IMO) in charging Loveridge with murder and even if he entered a plea of guilty the Judge could and IMO most likely would have convicted on the lesser charge simply because the Statement of Facts as reported could never make out the mens rea for murder. This is the same in other matters. The current system has been abused by defence counsel, and allowed by Judges, in that they will discount sentences in some cases even after a hearing has commenced. These are not early pleas at the first available opportunity as required.
I think the Police do this purposefully so they look like the good guys sticking up for the victims even though they know that there is little chance of the charge proceeding.
This happens regularly and I think helps undermine the DPP who then look like they are going soft by charging lesser crimes.
The fundamental question is who should be cared for first and foremost the victim of the crime, or the offender? Who's rights were impinged on and need redress?
Section 3A sets out the following seven purposes “for which a court may impose a sentence on an offender”:
(a)
to ensure that the offender is adequately punished for the offence,
(b)
to prevent crime by deterring the offender and other persons from committing similar offences,
(c)
to protect the community from the offender,
(d)
to promote the rehabilitation of the offender,
(e)
to make the offender accountable for his or her actions,
(f)
to denounce the conduct of the offender,
(g)
to recognise the harm done to the victim of the crime and to the community.