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据2009年3月4日《悉尼晨锋报》报道，悉尼地区法院推翻了唐宁中心区法庭判处18岁涂鸦女孩三个月监禁的裁定，只给予持守良好行为12个月，不留案底。
Graffiti girl wins appeal against jail
March 4, 2009 - 12:09PM ｓｍｈ
An 18-year-old woman with no criminal record, who was sentenced to three months' jail for writing graffiti on the wall of a cafe in Sydney, has won her appeal against the severity of her punishment.
Cheyene Back pleaded guilty to writing with a black marker pen on the wall of the Hyde Park Cafe in Macquarie Street on January 11.
Downing Centre Local Court magistrate Ian McRae sentenced her to a jail term last month.
But District Court judge Greg Hosking overturned the sentence today, describing it as "extremely unusual" and put Back on a 12-month good behaviour bond with no criminal conviction recorded.
The jail sentence failed to take into account laws that stipulate prison should only be considered as a last resort and where no alternatives are considered appropriate, he said.
"It is unusual in the extreme for a woman as young as this with no criminal convictions to be sentenced to a term of imprisonment for putting graffiti on a wall, as serious as that matter undoubtedly is," Judge Hosking said.
"In my view the magistrate was clearly in error in sentencing Ms Back to three months' imprisonment and that penalty falls completely outside the range of sentencing options."
The NSW Crimes (Sentencing Prodedure) Act 1999 says: "The court must not sentence any offender to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate."
Judge Hosking said his decision to overturn the sentence should not be interpreted as tolerance of painting graffiti.
"I'm not condoning what she did for a moment," he said.
"People in Sydney are sick of graffiti, there's no doubt about it."
Back's co-accused, Robert Napoli, was sentenced to one month in prison last month. |
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小南瓜年糕 (2010-2-11) kitcat 
发表于 2009-2-3 09:46
发表于 2009-2-3 09:57
