Derryn / Schapelle Proceeds of crime double standards ???

[colic2bullsgirlore]

Presumably the human headline gets paid for his blog or at least gleans income from the advertising

..... So will the AFP investigate ????

http://www.humanheadline.com.au/hinch-says/free-again

WAS GOING TO START this with the line ‘As I was saying before I was so rudely interrupted’ but it’s not original and I have used it when I have been gagged before.

But honestly, now several hours out of prison and a long way from Langi Kal Kal, I  feel  too drained  and too emotional to start with a joke.

Even if I think my $100,000 fine and consequential fifty days in jail with some of Australia’s worst rapist-murderers was a sick joke.

For now, some instant impressions and recollections. I’ll have more to say when I go through the meticulous daily diaries I kept.

The ones the Intel investigators showed so much interest in when searching my cell, and taking photographs yesterday.

Some of these points I aired on Sunrise and at the media conference outside the prison boundaries when freed, after two early morning head counts and a strip-search, this morning.

I spent my first two weeks in custody in solitary confinement under maximum security in the same prison, same floor (and only cells apart) as the man who was responsible for my being there.

The low-life piece of   human flotsam whose name I will never mention again in public or on this blog. A man I will call JMK – Jill Meagher’s Killer.

I got a taste of how he spends his day being let out for only an hour of exercise in a small ground floor yard surrounded by high brick walls and razor wire.

http://www.afp.gov.au/policing/proceeds-of-crime.aspx

The Proceeds of Crime Act 2002

The Proceeds of Crime Act 2002 (the Act) was passed on 11 October 2002 and came into operation on 1 January 2003.

The Act provides a scheme to trace, restrain and confiscate the proceeds of crime against Commonwealth law.

In some circumstances it can also be used to confiscate the proceeds of crime against foreign law or the proceeds of crime against State law (if those proceeds have been used in a way that contravenes Commonwealth law).

The Act also provides a scheme that allows confiscated funds to be given back to the Australian community in an endeavour to prevent and reduce the harmful effects of crime in Australia.

[colic2bullsgirlore]

http://www.news.com.au/national/derryn-hinch-inside-my-private-jail/story-e6frfkvr-1226228038586

2011...another example of monetary gain gleaned from incarceration  ???

It's great to be back here with a brand new website.

Great to be back on 3AW.

It is even better to be alive.

Thanks to an organ donor and his family I have a new liver. And thanks to Bob Jones and his team I have a new life.

Five months under house arrest.

That's 153 days. That's more than 3600 hours or actually more than 13 million seconds.

What was it like? I handled it. Didn't go stir crazy. Didn't get bored.

Got used to the rules after being reprimanded in the first weeks for being 28 seconds late back from the exercise yard.

And for those of you who think: 'Well, it wasn't really jail, was it?' Just imagine having somebody knock on your door at 9.15pm for a random breath test. And having to seek permission to go to the doctor or dentist – the only excuses permitted for me to leave my home.

And wearing a cumbersome ankle bracelet from July 21 until it was cut off my leg yesterday.

They call it home detention, which sounds like being kept in after school. But it was house arrest. I was banned from sending emails, from giving interviews, from broadcasting.

Banned from earning a living. I was made a non-person.

Magistrate Charles Rozencwajg said he wanted to make it as much like jail as he could. And he did. I was even banned from using Facebook which I have since discovered has more than 100,000 names from people supporting my position over the suppression of the names of serial rapists and pedophiles.

[lloydslights]

Is my thought coming from "Lala" Land?

Maybe, Mr Hinch and Channel 7 are prepared to contribute to the Proceeds of Crime for the beneficiaries of the Scheme.  

                                 .....................................................

Are the "proceeds of crime", income "before" or "after" costs/deductions of producing the "benefit"?

DEB

[colic2bullsgirlore]

BTW I do not disagree with what Hinch actually says re disclosure of sex offenders or pedophiles..

I think his stand is somewhat admirable however that does not diminish the fact that he will gain (or has already

gained) from the publication of his diaries and his time "inside"

A newspaper piece from 2011

http://www.smh.com.au/federal-politics/political-opinion/theyve-paid-the-price-so-let-old-lags-write...

What's so dreadful about criminals making a few shekels out of writing autobiographies or works of fiction? It's harmless, liberating, rehabilitative and may even be informative.

Yet the Proceeds of Crime Act removes the financial incentive for this modest recreation. It is a piece of overarching meanness, enforced inconsistently and largely in secret, and penalises people who have already been penalised.

Worse, it can criminalise literary proceeds even where an accused person has been acquitted.

Apparently the legislation gives effect to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime. There's a good case for moderating the legislation so that those who have done their time are free to publish, cash in on their notoriety and take us along for the ride.

A Government PDF on the issue

http://www.aph.gov.au/binaries/library/pubs/rp/2007-08/08rp27.pdf

Conclusions

To date, there have not been any literary proceeds orders made by a court and the provisions of the Act are surrounded by a number of issues and questions – however the first indication of the courts’ application of the literary proceeds provisions will be in the forthcoming Corby case.

In the case of David Hicks, there has not yet been any publication or sale of a story that could be captured by the provisions. It is important to note that the Proceeds of Crime Act will not prevent Hicks from telling his story, but could be used to potentially confiscate any profits he makes as a result of the sale of that story.
Should Hicks sell his story, it would be a matter for the Australian Federal Police to investigate whether he has profited from the commercial exploitation of his criminal notoriety and the Commonwealth Director of Public Prosecutions to seek a literary proceeds order. Ultimately, it would be a decision of the courts to grant such an order.

http://www.smh.com.au/federal-politics/political-opinion/theyve-paid-the-price-so-let-old-lags-write...

[lloydslights]

So, economically, it could be too expensive to take to Court (lawyers/judges/etc) than the actual "proceeds of crime"?

So we see that  the powers-that-be consider the Corby case a profitable exercise (due to the perceived profits).

I wonder if the Advertisers of Channel 7 programmes and news bulletins that kept Ms Corby in the public eye for all these years, are asked for their profits?

Nah - that would be a slippery slope and the repercussions, eventually, would stop the advertising dollar for news bulletins/current affairs programmes.  

Round and round, I go.

DEB

[the_hawk*]

one minor point you have missed and that is his business and how he makes his income.

Not quite the same as a criminal cashing in on evil deeds

And he should be applauded for having the fortitude to stand up to a corrupt system that protects the criminal and punishes the victim in most cases.

I thing society would be a much better place with more men of Principal like him around to speak out about injustice and corruption

[cherry*135]

I think the same as hawk. Hinch is continuing on earning his income the same way as he did before he went to jail for the same or close to the same remuneration he got before.

[icyfroth]

With all due respect to Derryn Hinch, I think he should pull his head in on the Schapelle Corby issue and leave it alone. Let her slip away into obscurity. It's what she needs right now and no doubt all she wants.

[lakeland27]

if you break the law, you break the law. irrespective of if it is in the course of doing his so called job. the law is there for good reason.

[bright.ton42]

In a radio interview this morning he said he would not be writing a book about his experiences, though the diaries were

published in the newspaper.  I'm not making any particular point, just relaying what he said.