Sadness, concern at sentencing over Shanti's death
Letter to the Editor
I read, with some concern, the Newsport article dated 22nd October 2024, on the sentencing of Joshua Andrew Peterson, in relation to the crash in Barrier Street Port Douglas, in March 2022, which caused the death of his pillion passenger Ms Shanti Wren.
The sentence given by the judge, Tracy Fantin, was six years imprisonment with a parole date possible in less than two years.
The judge gave this sentence while being fully aware of Peterson's unlawful driving history over many years which included 16 incidents of speeding, unlicenced driving and driving under the influence. At the time of the fatal crash Peterson's driving licence was disqualified in both Queensland and Victoria. In addition, at the time of the crash, Peterson was found to have a blood alcohol concentration of between 0.124 and 0.143 which is nearly three (3) times the legal limit.
While the judge remarked that Peterson's driving was 'completely and utterly reckless to the safety of your pillion passenger by deliberately getting on a motorcycle knowing that you had been disqualified from driving by a court order, a short time before that, and knowing that you were adversely affected by alcohol'.
It seems to me that the judge's comments, in relation to the culpability of Peterson's actions, are in no way reflected in the sentence that was given.
How is it, that such an outrageously dangerous criminal act, that directly resulted in Ms Shanti Wren's death, can be treated so leniently by the court ?
The courts continue to produce sentences that are manifestly inadequate in relation to circumstances which involve abuse, serious injury and death. With these sentences I believe the courts are not adequately fulfilling their role of matching the appropriate punishment to the crime which the wider community expects and relies on the legal system to perform.
As yet, I have not mentioned the effect these crimes have on the immediate family and friends related to the victim. I believe the family impact statements are just as important as the circumstances of the crime, however, I do not see that these statements are adequately taken into account by judges when sentencing. In reading Ms Shanti Wren's parent impact statements I do not believe the sentence given to Joshua Andrew Peterson, which could see him on parole within two (2) years takes into account, in any way whatsoever, the ongoing devastation and absolute despair felt by her mother and father and other family members and friends.
I believe inadequate sentencing by the courts happens far too frequently. This needs to change so the community is being well served by the sentencing process. This process needs to be more vigorously overseen and reviewed by each state's attorney general's department and action taken when the sentencing is deemed too lenient. Only when this happens will the courts more frequently impose punishments which fit the crime.
Bill Nankervis
Port Douglas
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