Victim not allowed to know where paroled attacker lives to protect his privacy :(

[twinkles**stars]

http://www.news.com.au/national-news/victoria/victim-not-allowed-to-know-where-paroled-attacker-live...

inShare

Domestic vioence victim Jeannie Blackburn is lobbying the government to release information regarding the whereabouts of violent criminals who have been released on parole.

A VICTIM of terrifying domestic violence has been told she is not allowed to know the area where her paroled attacker is living because of HIS right to privacy.

Jeannie Blackburn suffered 18-months of unprovoked violent abuse at the hands of Paul Francis McCuskey, culminating in her losing sight in one eye after he dragged her from her bed and stomped on her head.

Medical experts said her injuries were similar to that of a high impact car crash.

McCuskey was released from prison in April - with two and a half years to serve on parole - but pleas to the Adult Parole Board and Victims of Crime Register to know the area where he is living have been denied.

In a bizarre twist, McCuskey has been informed of where Ms Blackburn lives, as he is not allowed to go near her address.

"I don't want to know what street or even what suburb he is in, but just a general area to avoid for my own protection." Ms Blackburn said.

"I am being made to feel like a prisoner in my own home while he is free to walk the streets as he pleases.

"Why does he have more rights than I do, when I have done nothing wrong?"

Paul Francis McCuskey who is on parole for domestic violence against his ex-partner Jeannine Blackburn, who is fighting to know where her attacker is now living.

The woman beater also caused Ms Blackburn to miscarry after kicking her in the stomach in another sickening attack.

McCuskey, who received a bravery award for being one of several CFA volunteers who rescued an elderly woman at Cambarville during the 2009 Black Saturday bush fires, later had the honour stripped after intervention from the Governor General of Australia, Quentin Bryce.

He was sentenced to five years and six months in prison, with a minimum of three years, in April 2010.

Ms Blackburn said she contacted the Adult Parole Board to find out the general area of where he was living after his release on April 27 this year.

She claims she was told they could not tell her due to his right to privacy. The allegation is denied by the Adult Parole Board.

Ms Blackburn said she then contacted the Victims of Crime Register and wrote a letter requesting the information early last month without reply.

Domestic vioence victim Jeannie Blackburn is lobbying the government to release information regarding the whereabouts of violent criminals who have been released on parole.

Its website states: "Inclusion on the Register does not entitle you to information about… Where the prisoner / offender lives or intends

to live upon release from prison."

Ms Blackburn now intends to lobby the State Government to change the law.

"He lost his privacy rights when he pleaded guilty to intentionally, recklessly and seriously injuring me, at least while on parole" she said.

"Laws should be in place to protect the innocent, not the guilty."

A spokesman for the Adult Parole Board said McCuskey is subject to a "strict supervision regime."

"If Mr McCuskey fails to comply with any condition of his order, he will be immediately reported to the Board," he said.

jon.kaila@news.com.au

Read more: http://www.heraldsun.com.au/national-news/victoria/victim-not-allowed-to-know-where-paroled-attacker...

[colic2bullsgirlore]

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@crikey*mate wrote:

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@colic2bullsgirlore wrote:

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@crikey*mate wrote:

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@patchoo78 wrote:

If the "ex" crim is entitled to his privacy even though he hasn't fully served his time, then why isn't the victim entitled to hers also?

He may have served some of his time, but what's stopping him from trying to attack her again?

Privacy works both ways IMO

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I'm guessing that he has been told where he has to avoid going.

What's stopping him from trying to attack her again? Australian Law does not operate on a precrime system. The offender can only be tried for crimes he has committed, not for ones that people think he may commit in the future.

I don't believe it is about privacy completely, as I said, this man will be released into society eventually, I guess we can only hope that he has the best chance at rehabilitation that is possible so that he doesn't reoffend.

BTW - clearly the law states that he has served his incarceration time, and now only needs to serve his parole time, which is in the general population.

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http://www.legalaid.wa.gov.au/InformationAboutTheLaw/crime/Documents/Parole%20Information%20Kit.pdf

 Suspension of Parole
When your parole is suspended you become liable to resume serving the rest of your sentence and you will remain in prison to complete your sentence unless you successfully apply to have the suspension lifted.

Cancellation of Parole

When your parole is cancelled you become liable to resume serving the rest of your sentence and you will remain in prison to complete your sentence unless you successfully apply for another parole order in relation to that sentence at a later point in time.

The law clearly states that the prisoner has  accepted a licence to behave accordingly within the parameters of the orders made.

Define  "resume and complete your sentence" for me Crikey....  as it appears in complete conflict to your statement that "he has

served his incarceration time"

the law clearly states that a paroled prisoner under certain conditions (breach or cancellation of parole) has in fact not served

their incarceration time and maybe required to complete it

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Cherry Picking, eh?

When is parole cancelled?

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http://www.corrections.vic.gov.au/home/parole/conditions/

Standard conditions

Every parole order contains the following standard conditions:

• that you do not break any law
• that you notify a community corrections officer of any change of address or employment within 48 hours of the change
• that you do not leave the State of Victoria without the written permission of the regional manager
• that you carry out the lawful instructions of community corrections officers
• that you are under the supervision of a community corrections officer
• that you report as and when directed by the community corrections officer
• that you make yourself available for interview by the community corrections officer at such time and place as directed by the community corrections officer

  Breach of parole

If an offender fails to comply with any of their parole conditions, or commits further offences while on parole, this is considered a breach and can, in some circumstances, lead to automatic cancellation and, in other circumstances, the Board decides what action to take.

If an offender breaches parole, the Board may:

• issue a warning
• change the conditions of the parole order
• cancel the parole order

I answered your question how about you answer mine.

I highlighted your statement in red in the quote above.

I guess I will have to have a crack for you.

The offender has not served their incarceration time when they are licenced on parole. They have had the remaining sentence

incarceration time deferred pending the successful completion of their parole time by complying to the conditions.

In fact the offender does not need to commit an offence to have their parole revoked.

It could be as simple as failing a drug test, missing an appointment, being caught in a location that their parole order forbids or speaking to the wrong person. 

If offenders on parole had served their incarceration time  (as you suggest above) when released on parole it would be

impossible for the parole board to order that they be reincarcerated for the same offence.

[polksaladallie]

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@twinkles**stars wrote:

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really? you have traced  a person who wishes not to be found? if you had you would not be making such senseless statements.

better we ALL know where she is, what he looks like so WE can help protect her and also protect ourselves from this man.

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Unless someone goes to elaborate lengths to hide, they can be located. 

Which part of this statement do you not understand?

[twinkles**stars]

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@polksaladallie wrote:

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@twinkles**stars wrote:

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really? you have traced  a person who wishes not to be found? if you had you would not be making such senseless statements.

better we ALL know where she is, what he looks like so WE can help protect her and also protect ourselves from this man.

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Unless someone goes to elaborate lengths to hide, they can be located. 

Which part of this statement do you not understand?

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I understand perfectly. you chose not to

[polksaladallie]

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@twinkles**stars wrote:

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@polksaladallie wrote:

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@twinkles**stars wrote:

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really? you have traced  a person who wishes not to be found? if you had you would not be making such senseless statements.

better we ALL know where she is, what he looks like so WE can help protect her and also protect ourselves from this man.

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Unless someone goes to elaborate lengths to hide, they can be located. 

Which part of this statement do you not understand?

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I understand perfectly. you chose not to

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Unless someone goes to elaborate lengths to hide, they can be located.

 "you have traced  a person who wishes not to be found?" 

QED.

[twinkles**stars]

I am so often wrong unlike others that are always right.  I have not done everything, been everywhere, know everyone, experienced everything. But some have done all this, how very fortunate they are. Such a shame that some haven't flown though for the past 40 years.....I guess making trips to Asia by boat, for exdended stays, is more favourable?

Reminds me of a song "I've been everywhere man""

[izabsmiling]

what is that about ?

[j*oono]

This is all about:

Domestic vioence victim Jeannie Blackburn is lobbying the government to release information regarding the whereabouts of violent criminals who have been released on parole.

Its website states: "Inclusion on the Register does not entitle you to information about… Where the prisoner / offender lives or intends

to live upon release from prison."

Ms Blackburn now intends to lobby the State Government to change the law.

"He lost his privacy rights when he pleaded guilty to intentionally, recklessly and seriously injuring me, at least while on parole" she said.

"Laws should be in place to protect the innocent, not the guilty."

In red no less. 

[izabsmiling]

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@polksaladallie wrote:

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@catmad*2013 wrote:

I would never want a lawyer to represent me that was not acutely aware of how I might be feeling. 

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Lawyers don't need to know about feelings, they must act according to the law.  In my experience, they have little empathy.  They are a different breed, and to be any other way would interfere with their work.

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From my experience feelings and opinions don't mean much In a Court room it's facts that matter .I would think that Lawyers would need to seperate their own personal emotions  and those of their clients from each case in order to see that justice is done and to stay sane ?

though feelings come  in to it when the victim reads their impact statement ( at the end )

I suppose in order to decide if and how things should be changed we need to first understand why they are the way they are and consider any and all possible consequences of changing things ?

[izabsmiling]

what should be done in cases where someone ended up in Court for almost killing their partner......however that act was a single act  they committed at the end of years of them being on the receiving end of abuse from the 'now  victim' ?

Which one of the 2 could potentially  be most afraid/likely to harm the other ?

[cherry*135]

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@j*oono wrote:

This is all about:

Domestic vioence victim Jeannie Blackburn is lobbying the government to release information regarding the whereabouts of violent criminals who have been released on parole.

Its website states: "Inclusion on the Register does not entitle you to information about… Where the prisoner / offender lives or intends

to live upon release from prison."

Ms Blackburn now intends to lobby the State Government to change the law.

"He lost his privacy rights when he pleaded guilty to intentionally, recklessly and seriously injuring me, at least while on parole" she said.

"Laws should be in place to protect the innocent, not the guilty."

In red no less. 

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I think that is a good move. She is not just running to the media to complain about a law and getting pubicity (wanted or not) she is actually  intends to take the right steps to try and address an issue which she (and others) think is wrong with the current system. I hope she gets the support she needs.