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	Keep Emotion out of Pedophiles" Sentencing: Mp By Daniel Hurst Brisbane Times October 6, 2010 http://www.brisbanetimes.com.au/queensland/keep-emotion-out-of-pedophiles-sentencing-mp-20101005-165zf.html Dive The Great Barrier Reef. Trips, PADI Courses & Daily Specials Sexual offenders may well be locked up on a remote island and denied food if judges let anger rule sentencing decisions, a Queensland Labor MP says. Member for Capalaba Michael Choi yesterday warned of the dangers of emotion-charged law and order debates, amid political brawling over the case of a rapist teacher sentenced this week to 10 years’ jail for assaulting 13 students. The Liberal National Party slammed the “weak, inadequate and pathetic” jail term imposed on Toowoomba Catholic school teacher Gerard Vincent Byrnes, 61, after he pleaded guilty to 44 sex abuse charges, including 10 counts of rape. LNP leader John-Paul Langbroek called for tougher sentencing laws and the creation of an independent judicial commission to deal with “the proper education and discipline of wayward judges”. He also urged Attorney-General Cameron Dick to appeal the sentence given to Byrnes, which the opposition leader said was out of step with community expectations and failed the victims. But Mr Choi said while the crime was “horrific” and everyone should be disgusted by the offences, crime-fighting and sentencing methods were complex and should not be based on emotion. “As a father of three daughters I want to lock up sexual offenders for good on a remote island and give them no food,” he told State Parliament. “Left to my own devices, if anyone hurt my girls I would be quite capable of inflicting great pain and suffering on them and I probably would. “That is why I should not be involved in the sentencing of offenders – because my emotion and anger would be the dominant consideration.” The comments came during a fiery parliamentary session yesterday and after the opposition devoted question time to hammering the government over sentencing and law and order concerns. Byrnes, a school child protection officer at the time of the child sex offences, has been declared a serious violent offender and will have to serve at least eight years of his sentence. But taking into account time already served, he could be released in about six years. Mr Dick said yesterday he had requested legal advice about the prospects of success in an appeal of the sentence. “Once I have received and considered that advice, I will then make a decision about whether to appeal the sentence,” he said. “A decision to appeal has to be made within 28 days of the sentence being handed down.” But Mr Langbroek said an appeal was crucial. He said it was also time to consider the introduction of an independent judicial commission in Queensland to educate and “discipline” judges. “Such a commission has been successfully in operation in New South Wales,” he said. “Given the absolute mess that Labor and many of its appointments have left the sentencing system in, it is a very real position that we on this side of the house will consider supporting and will pursue without the support of this long-term, out-of-touch government.” The Judicial Commission of New South Wales seeks to assist the courts achieve consistent sentences, oversee continuing education and training of judges, and review complaints against judicial officers. But while it investigates grievances against judges and magistrates, the NSW commission cannot discipline or punish them. Instead, it may refer the results of investigations to other bodies. In serious cases, the commission’s conduct division can present a report to the NSW Governor and State Parliament calling for the judge or magistrate to be removed from office. Mr Dick last night dismissed calls for a new judicial commission to be set up in Queensland, saying the opposition's proposal lacked detail. "Judicial commissions have worked in other jurisdictions in various forms," he said in a statement. "My concern - based on the recent public comments of John-Paul Langbroek and Lawrence Springborg specifically criticising Queensland courts and judges - is that their idea of a judicial commission will be a political tool that will allow an LNP government to get rid of judges they don't like or judges they don't agree with." The government has promised to set up a sentencing advisory council, following public concern over sentencing.
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