Benny was an orphan and was relentlessly abused at a Mittagong facility for boys. By the time he reached his teens he was going from gaol to gaol becoming feloniously smarter with each move.

Benny is now in hospital at the age of 60.

His good friend, Roger Rogerson, colourfully recalls Benny having wandered home late one night drunk to his Sydney hostel. He opened the door to his room to see a man with his pants down molesting a young boy. Benny was in the wrong room.

He eventually found his own room and searched under his bed for his double barrel sawn-off shotgun.

He unwrapped the oilcloth from around the gun as he strolled back to the other room. When he arrived he pushed the child aside and levelled the gun at the abuser. Without one second's hesitation he blew off half the man’s face.

The abuser was still alive as he slumped to the floor, face up. Benny proceeded to empty the other barrel into the other side of his face. Now he was properly dead.

Benny then calmly walked downstairs, placed his shotgun on the reception desk and asked the hostel owner to call the police.

It was after 18 months on remand that Benny stood before a judge for sentencing. Benny's counsel and his friends had begged him to claim self defence on behalf of the child.

There were a dozen mitigating factors that could have minimised Benny's sentence but he wanted none of it. He simply pled guilty as charged.

Everyone in the courtroom had agonised over what they would have done if they owned a shotgun and had they had been in Benny's shoes.

Even the judge had tried to cajole him into pleading something other than guilty to first degree murder.

"Your Honour, make no mistake, I believe I would do exactly the same thing again tomorrow and I need to believe I would”, said Benny.

With two spent shotgun cartridges Benny had cleansed all that had haunted him since he was a child and he wouldn’t allow that to be diminished.

In his mind he had also cleansed a thousand other children's hearts. On behalf of all the kids in his orphanage he stood tall and proud. To downplay the substance of what he had done was unthinkable.

The judge had no choice, he gave Benny a minimum of eight years. Unmoved, Benny walked toward the court officers. "Come back here", declared the judge. "I may have given you eight years but that is not what I intend you to serve."

Benny stood stoicly upright, his expression unchanged. "Allowing for the one year and six months you have been on remand, you will now serve six and a half years." Benny appeared unfazed as again he started to walk away.

"Come back here!", roared the judge.

Benny returned and again stood dispassionately before the judge.

"With good behaviour your sentence can be reduced by four years. I am also sending you to a prison farm where, if you work, there will be a further three days per month reduction in this sentence."

Benny still appeared unimpressed.

"And before you walk away again I want you to listen very carefully to me. When you apply for parole I rule that you must get in touch with my chambers so I can write you the best reference any man has ever been written. Good luck to you Sir."

Benny eventually served a little under two years for ‘murder one’ and there were many tearful people who had wished it was even less.

Sometimes there is goodness in the court system and its curators.

And sometimes judges hate mandatory sentencing for good reason… identical charges have different mitigating circumstances, they are never equal and they need the discretion of a good judge.

Benny will be out of hospital soon and hoping to down a few ales with his mate, Roger.

271
Leave a Reply

Please Login to comment
113 Comment threads
158 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread
65 Comment authors
1rdoval@gmail.comwayneshildsbahtatwiseoneJackFrench Recent comment authors
  Subscribe  
Notify of
1rdoval@gmail.com
Member
1rdoval@gmail.com

This thread’s “Abuse”. “Arguments” is room 12A down the hall . . . (silly twit!)

wayneshilds
Member
wayneshilds

Diddums unpicked Miskas/Markthis spot, surreptitious overtures by the former PP Police, to plot and scheme. I think OH My and SG were one and the same. Perhaps they were Rea?

wayneshilds
Member
wayneshilds

Have the PP police gone?

wayneshilds
Member
wayneshilds

Diddums is correct and has my respect and support!

1rdoval@gmail.com
Member
1rdoval@gmail.com

So, let me get this straight; Because Benny chose not to take the ‘out’ that was offered him – be that for reasons of conviction, mental trauma, stupidity, insanity, or whatever – then mandatory sentencing of vicious paedophile predators is a bad idea. Hmmm . . . need to think about that one.

1rdoval@gmail.com
Member
1rdoval@gmail.com

Yayyyy! Let’s all get Diddums!

First they came for Smartgirl, then they came for Oh Really, then they came for Diddums, and when they came for me, only Waldo was left . . . and he was out playing golf, and didn’t give a toss.

wiseone
Member
wiseone

Those were the days my friends, those were the days.

wiseone
Member
wiseone

We have to remember that there is still a lot of flotsam and jetsam floating around from Japan. They never did try and clean up.Some even got to Canada.

boronic
Member
boronic

bit off track——with whats happening about the sth.aust.election,this sort of result,could only happen in sth.aust–we are a backward state.if labor do get the 2 independents,which is more than likely—will be 16 years under labor—————–come on,are we this fucn stupid—id say we are.

boronic
Member
boronic

the judge—seen a good honest man.,wish there was more of it.

Sweetpea
Member
Sweetpea

waldo, they were informative posters, but just couldn’t help themselves. We have a lot of different people on this site, I suspect some are very lonely or isolated, to bully those who have had different life experiences is cruel and somewhat strange to me. To set out to taunt others for a nights sport is disturbing. Just my thoughts.

Likeatreat
Member
Likeatreat

That has nothing to do with mandatory sentencing. If he wanted to plead otherwise he could have done. There is a plea called justifiable homicide. We will never see proper mandatory sentencing, but we should.

JackFrench
Member
JackFrench

Written in 1726 By Jonathon Swift. Still Pertinent Today I said, “there was a society of men among us, bred up from their youth in the art of proving, by words multiplied for the purpose, that white is black, and black is white, according as they are paid. To this society all the rest of the people are slaves. For example, if my neighbour has a mind to my cow, he has a lawyer to prove that he ought to have my cow from me. I must then hire another to defend my right, it being against all rules of… Read more »