I don't get the murder sentencing.

[the_bob_delusion]

Adrian Baileys committed multiple rapes and a horrific murder and gets minimun 35 yr.

The nurse who tried to cover up stealing drugs by setting a nursing home on fire but not with the intention of murder gets 11X life sentence. 

What's the logic in that? I know the nurse killed more people but it wasn't premeditated murder. So technically it was manslaughter. I think a life sentence is fair enough, but why would an actual murder be sentence more lenienty in the first case??

[*elizabeths-mum*]

From what was in the papers that sentence was based on her lower intellect and understanding and her own personal history of abuse. I suppose the judge was tempering judgement with compassion. 

[mugssy65]

Maybe he should have shown her all the compassion the poor little mite was shown by the adults in her short tragic little life!

[katydidthat]

"Murder implies premeditation of killing. I don't believe he wanted anyone dead. He was trying to avoid getting caught stealing drugs.

If a drink driver ended up killing a bus load of people should he/she be charge with like 50 murders with 50 life sentences?"

In some cases the charge of murder includes the "reckless indifference to loss of human life" - the murder/killing does not have to be planned.

[cherry*135]

Why wouldn't it be murder, if you lit a fire in an elderly persons bedroom while they are sleeping in a Retirment Home? He lit 2 fires one in an empty room - which the firefighters found first, but he didn't tell the firefighters of the second fire he lit in a room with people in it.

Roger Dean - nursing home arsonist

"It is simply not possible to adequately reflect the culpability of the offender for the deaths of eleven vulnerable people, for whose care he was responsible, by any lesser penalty," Justice Latham said.

On each count you are sentenced to life imprisonment, commencing 18 November 2011

• the failure of Dean to tell firefighters that there were two fires meant that firefighters did not became aware of the second fire until it was too late.

• it emerged that he had lit the fires to destroy evidence that he had stolen about 230 painkilling tablets prescribed to the residents. The night before the fire, Dean repeatedly went into the room where the home kept its addictive medications and stole 237 tablets of the narcotic painkiller Endone and one capsule of the morphine drug Kapanol.These can be bought, with a prescription, for about $85.
  
  
  
• Crucial to Justice Latham's sentencing decision was her finding that Dean was not heavily under the influence of painkillers as he had claimed.
  
  
  

  Also important was her finding that his "narcissistic personality disorder" had had only a limited impact on his ability to tell right from wrong.

  "There is no evidence that the offender was unable to appreciate, or appreciate fully, the wrongfulness of his actions, or to make reasonable judgements," Justice Latham said.

  
  
  Read more: http://www.smh.com.au/nsw/roger-dean-gets-life-in-prison-for-nursing-home-fire-20130801-2r0i2.html#i...
  
  

[i-need-a-martini]

I don't get it either bob.

On the one hand we have a not terribly bright bumbler who made the most stupendous of mistakes. Life.

On the other hand we have a serial offender psychpath with clearly no hope of ever being reformed. 35yrs.

How does that work?

[*elizabeths-mum*]

From what I have read, Adrian Bayley actually got life but with a non parole period of 35 years. The judge is quoted as saying ''I consider your plea of guilty and what I consider to be some small degree of genuine remorse keeps you out of that category,'' (ie life imprisonment - no parole). 

We can just hope that the parole board looks at his history of violence as well as the good behaviour he may show while in protection in prison.

[cherry*135]

The retirement home arsonist showed no remorse according to the judge.

Kristi Abrahams -

 ..will spend up to 22-and-a-half years in prison. she was sentenced to a non-parole period of 16 years for murder and interfering with a corpse.

With both Bayley and Abrahams.. there will be plenty of strenuous objections to them getting out early when their non parole period ends.

 Bayley will be in jail until he is at least 76 years old.

[i-need-a-martini]

---

@am*3 wrote:

The retirement home arsonist showed no remorse according to the judge.

 -----------------------

I thought that he did. The footage they were showing at the time of the arrest showed him panicking outside the nursing home and then in a state of shock?

I am not condoning what he did BTW.

[kopenhagen5]

Murder needs to be premeditated. (whether it be 1 week before or 10 seconds before)

I think in both cases the offender was aware that death would result from their actions.

[cherry*135]

He may have been panicing and in shock (because he realised the seriousness of what he did)  but he was also pretending he didn't know anything about how the fires started. Then he spoke to TV crews about his efforts to help save the residents.

Dean later persuaded firefighters to let him back into the building, where he retrieved the drug registers and walked home, stopping to give an interview to TV crews along the way.

Dean's remorse was difficult to gauge, but the judge noted he remained "deceptive and self-serving" even after he was taken into custody.

 yahoo.com.au

In handing down Dean's sentence, Justice Megan Latham said: ''The number of deaths alone is sufficient to elevate these offences into the worst-case category.''

The remorse shown by Dean was ''difficult to gauge'', she said

smh.com.au

I think the judge also mentioned that he appeared to show some remorse to his friends and psychiatrist.

Did you see that  video clip last week of a husband appealing on TV for information about his murdered wife (Syd) it was awhile ago that was on TV.. He was on TV with her sister,  her parents and their children.. He was bereft.. crying, sniveling, very upset. The sister did the speaking. . He was arrested last week for her murder...