From media reports I have read, the sentencing of triple murderer, 17 year old Le Van Luyen, and cop-slapper, 18 year old Pham Thi My Linh, appears to be disproportionate. While not in possession of the full facts in either case, it seems there have been some serious sentencing errors on behalf of the judiciary.
Pham Thi My Linh seemingly reacted emotionally, some might say hysterically, to the prospect of the family motorbike being impounded. Her slapping of the police officer was wrong, a stupid act which she no doubt regrets in hindsight.
To receive a custodial sentence for what is essentially a misdemeanour is totally excessive. I am, by no means, neglecting the seriousness of her actions, but her actions must be considered along with the circumstances of the situation and her emotional condition at the time.
Does she have a previous criminal history? It would appear not. While assaulting a police officer is regarded as a serious offence in Australia, when considering the prevailing conditions and no previous convictions, the case would probably have been heard in a lower court and the offender’s sentence would reflect the situation. It is likely that the presiding magistrate would severely verbally reprimand Miss Pham.
Does she have a previous criminal history? It would appear not. While assaulting a police officer is regarded as a serious offence in Australia, when considering the prevailing conditions and no previous convictions, the case would probably have been heard in a lower court and the offender’s sentence would reflect the situation. It is likely that the presiding magistrate would severely verbally reprimand Miss Pham.
But he would not record a conviction against her and would place her on a 12 month good behaviour bond. This means that if she committed another offence within 12 months, sho would be re-tried for the assault along with the new charge. When one has a conviction recorded against them life can become very difficult. You cannot get insurance, travel is limited and job prospects reduced – no one wants to know a criminal.
I understand that the laws are quite different in Vietnam, and stronger penalties are more common. However, given the circumstances of this case, a more fitting sentence may have been to make her do 3 months of daily community service for free with a charity, such as Red Cross, or her local hospital.
I understand that the laws are quite different in Vietnam, and stronger penalties are more common. However, given the circumstances of this case, a more fitting sentence may have been to make her do 3 months of daily community service for free with a charity, such as Red Cross, or her local hospital.
That way she would have plenty of time to consider her misdeed while doing good work for her community. Nothing positive will be gained by her sitting in a jail for 9 months alongside criminals. In fact, the reverse will likely be the case. The sentence of community service for minor offences is customary in Australian courts and the recidivist rate, I believe, is low.
Le Van Luyen is a totally different situation. Being under 18 years of age, he would not be considered an adult in Australia. But the monstrous nature of his crime would likely mean he would be tried in a superior court as an adult.
Le Van Luyen is a totally different situation. Being under 18 years of age, he would not be considered an adult in Australia. But the monstrous nature of his crime would likely mean he would be tried in a superior court as an adult.
Enormous public outrage at his crime would receive dominant media coverage with the community demanding a severe sentence. His admissions of guilt helped with a speedy trial and conviction, but such a brutal and cold triple murder would result in 3 sentences of life imprisonment, usually served at the same time. A single life sentence in Australia can be as short as 8 years if the prisoner shows remorse and good behaviour.
The sentencing judge has much discretion in such cases. He would no doubt consider Le’s past record (if any) his motivation, the severity of the attack, the chances of Le’s rehabilitation and his age. It is likely that a sentence of 20 – 25 years would be imposed, but with parole for good behaviour, he could be released in about 15 - 18 years.
Before being released , Le would have to apply to the Parole Board, a group,of respected citizens, judges and retired police. The Parole Board individually assesses every prisoners application for early release.
The sentencing judge has much discretion in such cases. He would no doubt consider Le’s past record (if any) his motivation, the severity of the attack, the chances of Le’s rehabilitation and his age. It is likely that a sentence of 20 – 25 years would be imposed, but with parole for good behaviour, he could be released in about 15 - 18 years.
Before being released , Le would have to apply to the Parole Board, a group,of respected citizens, judges and retired police. The Parole Board individually assesses every prisoners application for early release.
Among many things they consider are the prisoner’s attitude, psychiatric condition ( psychiatrists report can be required), contrition and potential for rehabilitation. All these are considered before the Parole board will recommend an early release.
In summary, jail is not a good punishment for first offenders. Other forms of penalty which achieve more positive results should be the first choice for such cases. If Vietnam does not have a system of community service then implementing such a scheme could have long-term benefits for the offenders and the community. Jail is for criminals, not young people who fall off the rails occasionally.
In summary, jail is not a good punishment for first offenders. Other forms of penalty which achieve more positive results should be the first choice for such cases. If Vietnam does not have a system of community service then implementing such a scheme could have long-term benefits for the offenders and the community. Jail is for criminals, not young people who fall off the rails occasionally.
Brian Lamprell (Australian)
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