Posts Tagged ‘deportation’


 

 

http://www.abc.net.au/news/2017-06-07/man-granted-visa-reprieve-sentenced-for-raping-melbourne-woman/8597288

New Zealand man jailed for raping Melbourne woman after failed bid to deport him

By Emma Younger

Updated 7 Jun 2017, 3:24pm

A New Zealand-born man has been jailed for raping a woman in her Melbourne home two years after the Immigration Department tried to have him deported over his violent criminal history.

Carl Stafford broke into the 53-year-old woman’s St Kilda apartment and subjected her to a 45-minute attack in which she was raped, taunted and mocked.

The 42-year-old was sentenced to 10 years’ jail over the August 2015 attack, which took place two years after the Administrative Appeals Tribunal (AAT) overturned the cancellation of his visa.

An Immigration Department official had tried to have Stafford deported in 2013, by which time he had accumulated a lengthy and violent criminal history that began when he was a teenager.

But the AAT overturned the decision, despite finding he “does pose a risk that the Australian community deserves to be protected from”.

Rapist’s mother used home as brothel

In his 2013 ruling, a senior member of the AAT, John Handley, said Stafford had arrived in Australia as a three-year-old and it was virtually the only country he had ever known.

“He has no friends or family in New Zealand to offer support and all those close to him reside in Australia,” he said.

“In addition to his substance abuse, the applicant suffers from mental illness for which he needs ongoing treatment and support.”

Stafford moved to Australia with his sex worker mother, who used his childhood home as a brothel.

Mr Handley found welfare agencies had failed to intervene, something which could have prevented his life of drug abuse and crime.

“Much of his offending was impulsive and connected with his poor mental health,” Mr Handley said.

“The Australian community should bear some responsibility for the absence of intervention and should not, in my view, dismiss the applicant by returning him to his place of birth.”

‘I’ve been watching you’, Stafford told victim

The Victorian County Court heard Stafford had smoked ice in the hours before he broke into the woman’s home and was intending to steal.

Stafford has had a methamphetamine addiction since he was a teenager.

The woman woke up to hear her attacker at about 2:00am, and yelled out to him.

The court was told Stafford raped the woman in an opportunistic and prolonged attack in which he told her: “I know you live by yourself, I’ve been watching you.”

It took the woman about 45 minutes to escape her home and flag down a taxi driver for help.

Police arrested Stafford as he tried to leave the woman’s home with her mobile phone.

He initially denied breaking in or attacking his victim, but eventually pleaded guilty to three counts of rape and one charge of aggravated burglary.

The court was told Stafford’s victim had lost all sense of security.

Poor prospects of rehabilitation

Judge David Brookes said Stafford’s prospects of rehabilitation were dependant on him abstaining from drugs and remaining on medication for schizophrenia.

In allowing him to stay in Australia in 2013, Mr Handley said Stafford would face “considerable difficulty” fighting the cancellation of his visa if he committed further crimes.

During the review, Stafford had told him: “I know this is the last chance, I’m too old to keep offending.”

“If I can stay, I will not let you down,” Stafford told Mr Handley.

Stafford will be eligible for parole in seven years.

The AAT said it did not comment on individual cases.

 

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Antony Brown

Posted: October 24, 2016 by Serendipity in Tasmania
Tags: , , , , , ,

 

www.abc.net.au/news/2016-08-30/man-with-child-porn-images-seeks-non-jail-sentence/7795848

Man who downloaded 37,000 child porn images says he did not view them, asks not to be jailed

Posted 30 Aug 2016, 6:31am

The lawyer for a Hobart man who downloaded 37,000 child pornography images has called for him to be spared a prison term.

Antony Brown, formerly of Brighton, pleaded guilty in the Supreme Court in Hobart to accessing and possessing the images between December 2012 and March 2015.

His lawyer Chris Gunson SC told the court the 68-year-old kept the hard drive in a cupboard for two and a half years and did not view the images.

Mr Gunson said his client was not part of a child exploitation group, and had been searching for adult pornography when he found the material online.

“Mr Brown was not just searching for child pornography … it came about by accident and then it was curiosity,” he said.

“He was not – for want of a better phrase – part of a paedophile ring … [and] it’s not suggested he took any steps to groom children of any age or was part of any chat rooms.”

Mr Gunson said it would be an imposition for the court to impose a prison term on his client, who was a UK citizen and would likely be forced to return there after he was sentenced.

“The consequences for someone who moved to Australia at 13, who’s lived almost his whole life as an Australian … to return to the United Kingdom will be an extraordinarily disruptive punishment to himself and his family,” he said.

“It will require Mr Brown to effectively start his life again.”

But Justice Michael Brett said although there were few images, some of them were of the worst category, involving the abuse of at least one infant, and it was in part irrelevant that Brown had not gone on to view the abuse.

“I would regard possession of those matters as a significantly aggravating factor,” Justice Brett said.

“It makes possession and access of that one item a serious matter.”

Mr Gunson told the court it was “a real sign of remorse” that Brown had taken voluntary steps to relocate back to the UK and avoid the cost of official deportation to taxpayers.

But Prosecutor Jackie Hartnett said moving to the other side of the world would allow Brown to “save face” and should not be viewed as a mitigating factor.

“When you start afresh in the UK, you’re not the person found with child exploitation material, you’re the new man on the block,” she said.

Ms Hartnett said if Brown’s home had been broken into and the hard drive stolen, there was no protection against the images entering the broader market and leading to further exploitation.

He will be sentenced at a date to be set.

 

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UPDATE:  APRIL 2017

Yorkshire-born Whiteoak has been refused parole because his native England isn’t ready to accept him back.

His case will go back before the parole authority on August 15.

 

UPDATE:  MARCH 2017

The State Parole Authority intends to release vicious killer & rapist Whiteoak on parole. He could be freed within weeks.

 

UPDATE:  MAY 2016

The Serious Offenders Review Council has recommended that Whiteoak be reclassified to the lowest minimum security level of C3. He can apply for unsupervised day leave.

 

UPDATE: JULY 2014

The Serious Offenders Review Council is reconsidering reducing the 65-year-old’s prison classification so he can qualify for unsupervised leave — despite the fact his visa has been cancelled and he will be deported to his native Yorkshire if he is ever paroled.

 

http://www.news.com.au/national/what-a-load-of-brit-ukborn-killer-barry-whiteoak-wins-racist-compensation-case/story-fncynjr2-1226893963896

What a load of Brit: UK-born killer Barry Whiteoak wins ‘racist’ compensation case

April 24, 2014 12:00AM

A CONVICTED murderer and rapist has won damages after a tribunal found he was racially discriminated against in jail — because he is British.

Taxpayers funded the six-year marathon which cost up to $100,000 and prompted a NSW Legal Aid review of similar foreign-born cases that are pending.

Barry Whiteoak’s victory after he was stripped of prison perks like opportunities for day release for being a British “lawful non-citizen” won him $500 in compensation which will go straight to the Victims Support Fund for victims of crime.

Whiteoak, 66, has been ­behind bars since 1983 when he stabbed and strangled nurse Noreen Hannon in September 1983of that year.

At the time he forced himself into the 25-year-old nurse’s flat he was already on parole for a 1980 rape, a crime he committed while on parole for indecently assaulting a woman at knifepoint in 1978, seven years after he arrived from the UK.

Ms Hannon’s then-boyfriend, Michael Maher, said yesterday “the whole thing is crazy”.

“It is an absolute disgrace when people who have genuine cases can’t get Legal Aid but these guys can,” Mr Maher said.

“He is a serial rapist and murderer who should have no rights in prison, never mind the right to bring this case and we have had to pay for it.”

NSW Legal Aid boss Bill Grant said: yesterday pledged to review similar cases on his books. “We will be reviewing the utility of cases like this to see if they are appropriate ways of spending scarce Legal Aid resources.” CEO Mr Grant said.

It is understood that Legal Aid initially funded the case ­because it involved “a fundamental legal principle” but the loophole had been closed even before the case got into a tribunal.

Whiteoak ’s life sentence for murdering Ms Hannon was redetermined to a minimum of 15 years in 1994. He had been refused bail a number of times until in August, 2008, the Department of Immigration cancelled his permanent residency visa, ­ensuring his deportation back to his native Yorkshire.

Whiteoak launched his ­racial discrimination case in December, 2008, after Corrective Services imposed a blanket ban on lawful non-citizens like himself being classified a C3, which allows them to apply for day and work release and other perks.

“It is discrimination because the policy decisions are treating me differently to what an Australian citizen is treated,’’ Whiteoak told the Administrative Decisions Tribunal.

He argued the decision to cancel his permanent residency was “based solely on the fact I am a British subject in jail and not my offensive behaviour’’.

The convicted killer asked the tribunal to “use all the powers available … to persuade and or force the Corrective Services to change (my) classification back.’’

After a number of hearings, the Civil and Administrative Tribunal, which now incorporates the ADT, ruled this month that Corrective Services had racially discriminated against him under the Anti-Discrimination Act.

FIEND WHITEOAK STRUCK WHILE ON PAROLE Janet Fife-Yeomans

EVERY time Yorkshireman Barry Whiteoak has been freed from an Australian jail he has claimed a new victim.

He arrived as a 20-year-old and, by the age of 27, was behind bars for an indecent assault at knifepoint in which he told his victim: “It would be easy to carve you up.”

He was convicted and jailed for a non-parole period of nine months. He raped his next victim while on parole for the indecent assault.

Jailing him for 18 months, the judge described him as “an inadequate, lonely socially inept man’’.

By the time he was ­released from jail on parole for that rape, young nurse Noreen Hannon had arrived from Ireland on a working adventure in Sydney.

She was attacked as she returned to her Parramatta flat on September 25, 1983, stabbed, strangled and her naked body left in the lift.

Whiteoak pleaded his innocence but he was convicted of her murder and jailed for life.

When he came before the Supreme Court in 1994 under new laws that meant all life sentences had to be redetermined, Justice Peter McInerney said he had considered refusing the application.

BARRY WHITEOAK: CHRONOLOGY OF A LIFE OF MALICE

July 8, 1948 Barry Whiteoak born Yorkshire, England.

1971 Arrived in Australia from Yorkshire, England as a tradesman after completing a five-year apprenticeship in the aircraft division of Rolls Royce.

May 1978 Convicted of indecent assault at knifepoint, jailed for three years hard labour, nine months non-parole period.

August 1980 On parole, he raped another woman. Convicted by a jury and jailed for 18 months hard labour.

September 1983 Stabbed and strangled nurse Noreen Hannon.

July 1984 Again Pleaded not guilty but was convicted of murder and sentenced to life in jail.

December 1994 Life sentence redetermined at minimum 15 years with maximum term of life. Justice Peter McInerney said he had been told “ominously” by the Serious Offenders Review Board that “there is no doubt that, given the right circumstances occurring, (Whiteoak) is capable of considerable violence”.

September 1998 Whiteoak eligible for parole.

April 2003 Due to be released but public and political pressure kept him behind bars.

August 2008 Department of Immigration cancelled his permanent residency visa. Whiteoak claims decision was “strongly racist”.

November 2008 Administrative Decisions Tribunal rules in the case of Columbian cocaine smuggler Carlos Contreras-Ortiz. Jailed for 15 years imprisonment in April 1998 with a non parole period of 11 years, the ADT found he had been racially discriminated against by the Department of Corrective Services by refusing to consider him for day leave and work release and other “services”.

December 15, 2008 Corrective Services implemented a blanket policy that prevented illegal non-citizens like Whiteoak from being classified the lowest security clearance, of C3 which would allow them to apply for access to day or work release. They must remain a higher C1 classification.

December 23, 2008 Whiteoak lodged complaint of racial discrimination with Anti-Discrimination Board.

2009 Ortiz finished sentence. Deported.

2012 The Administrative Decisions Tribunal ruled there was “substance’’ in Whiteoak’s claims and dismissed an application by the State of NSW to throw the case out.

April 2014 The new Civil and Administrative Tribunal rules Whiteoak was racially discriminated against.

 

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Singh - Jagdeep - Photo.

 

UPDATE:  JULY 2017

Singh has been deported to India after Immigration Minister Peter Dutton won his ongoing battle with the Administrative Appeals Tribunal.

He was put on a New Delhi-bound plane by Australian Border Force officers on Thursday.

 

http://www.abc.net.au/news/2014-06-05/taxi-driver-avoids-jail-over-assaulting-drunk-passenger/5502256?section=sa

Taxi driver avoids jail over assaulting drunk passenger

Updated 6 hours 35 minutes ago

A court has given a suspended jail sentence to an Adelaide taxi driver who was charged with sexually assaulting a drunk passenger.

The District Court heard Jagdeep Singh, 25, who no longer works as a driver, put his hand up the woman’s dress and kissed her while she was on the ground and vomiting.

The man earlier had picked the woman up from a hotel at Glenelg and the incident happened close to her home at Mitchell Park.

Judge Gordon Barrett told Singh the woman had been in a vulnerable state.

“[It was] a serious attack on a young woman who was vulnerable because of her intoxication,” he said.

“It was also a breach of trust, given that you were a taxi driver and she entitled to expect you would drive her safety to her home.

“In her victim impact statement she speaks of the consequences of that incident, which include the breakdown of a relationship, and anxiety.”

Judge Barrett says Singh lied when first spoken to by police, saying he had just approached the woman to offer help.

The judge suspended Singh’s two-year sentence in favour of a three-year good behaviour bond.

Singh has been unable to get another student visa and is expected to return to India.

 

A taxi driver who molested a drunk passenger who was vomiting on the side of the road has been spared an immediate jail term.
Read more at http://news.ninemsn.com.au/national/2014/06/05/13/58/sa-cabbie-spared-jail-for-molesting-woman#yTbSILhFYb412KLQ.99

A taxi driver who molested a drunk passenger who was vomiting on the side of the road has been spared an immediate jail term.

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As the Adelaide woman knelt on the footpath and was sick, Jagdeep Singh kissed her and put his hand up her dress, touching her intimately.

As a result of his crime, the 25-year-old Indian-born man has lost an arranged marriage, his job and his access to further student courses in Australia.

He pleaded guilty in the District Court to two counts of indecent assault in September 2012. Judge Gordon Barrett on Thursday jailed him for two years, but suspended the term and placed him on a good behaviour bond for three years.

“It was obviously a serious attack on a young woman who was vulnerable because of her intoxication,” the judge said.

“It was also a breach of trust, given you were a taxi driver whom she was entitled to expect would drive her safely to her home.”

The woman vomited during the journey and when Singh dropped her off.

He initially claimed he merely approached her on the side of the road to help her.

As a result of the assault, the woman’s relationship had broken down and she suffered anxiety.

Singh came to Adelaide in 2008 on a student visa, has completed two courses and, as a consequence of the offence, has been unable to carry out his intended further studies.

His lawyer told the court Singh was likely to be deported to India, losing his chance to stay in Australia.

Read more at http://news.ninemsn.com.au/national/2014/06/05/13/58/sa-cabbie-spared-jail-for-molesting-woman#yTbSILhFYb412KLQ.99

 

SA cabbie spared jail for molesting woman

1:54pm June 5, 2014

Read more at http://news.ninemsn.com.au/national/2014/06/05/13/58/sa-cabbie-spared-jail-for-molesting-woman#yTbSILhFYb412KLQ.99

SA cabbie spared jail for molesting woman

1:54pm June 5, 2014
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A taxi driver who molested a drunk passenger who was vomiting on the side of the road has been spared an immediate jail term.

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As the Adelaide woman knelt on the footpath and was sick, Jagdeep Singh kissed her and put his hand up her dress, touching her intimately.

As a result of his crime, the 25-year-old Indian-born man has lost an arranged marriage, his job and his access to further student courses in Australia.

He pleaded guilty in the District Court to two counts of indecent assault in September 2012. Judge Gordon Barrett on Thursday jailed him for two years, but suspended the term and placed him on a good behaviour bond for three years.

“It was obviously a serious attack on a young woman who was vulnerable because of her intoxication,” the judge said.

“It was also a breach of trust, given you were a taxi driver whom she was entitled to expect would drive her safely to her home.”

The woman vomited during the journey and when Singh dropped her off.

He initially claimed he merely approached her on the side of the road to help her.

As a result of the assault, the woman’s relationship had broken down and she suffered anxiety.

Singh came to Adelaide in 2008 on a student visa, has completed two courses and, as a consequence of the offence, has been unable to carry out his intended further studies.

His lawyer told the court Singh was likely to be deported to India, losing his chance to stay in Australia.

Read more at http://news.ninemsn.com.au/national/2014/06/05/13/58/sa-cabbie-spared-jail-for-molesting-woman#yTbSILhFYb412KLQ.99

SA cabbie spared jail for molesting woman

1:54pm June 5, 2014
Share
0
Email

A taxi driver who molested a drunk passenger who was vomiting on the side of the road has been spared an immediate jail term.

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As the Adelaide woman knelt on the footpath and was sick, Jagdeep Singh kissed her and put his hand up her dress, touching her intimately.

As a result of his crime, the 25-year-old Indian-born man has lost an arranged marriage, his job and his access to further student courses in Australia.

He pleaded guilty in the District Court to two counts of indecent assault in September 2012. Judge Gordon Barrett on Thursday jailed him for two years, but suspended the term and placed him on a good behaviour bond for three years.

“It was obviously a serious attack on a young woman who was vulnerable because of her intoxication,” the judge said.

“It was also a breach of trust, given you were a taxi driver whom she was entitled to expect would drive her safely to her home.”

The woman vomited during the journey and when Singh dropped her off.

He initially claimed he merely approached her on the side of the road to help her.

As a result of the assault, the woman’s relationship had broken down and she suffered anxiety.

Singh came to Adelaide in 2008 on a student visa, has completed two courses and, as a consequence of the offence, has been unable to carry out his intended further studies.

His lawyer told the court Singh was likely to be deported to India, losing his chance to stay in Australia.

Read more at http://news.ninemsn.com.au/national/2014/06/05/13/58/sa-cabbie-spared-jail-for-molesting-woman#yTbSILhFYb412KLQ.99

http://www.abc.net.au/news/2014-05-13/taxi-driver-admits-indecent-assault-of-passenger/5448670

Taxi driver Jagdeep Singh admits indecent assault of drunk passenger

Updated Tue 13 May 2014, 8:07am AEST

A lawyer says a former Adelaide taxi driver should be spared jail for indecently assaulting a drunk passenger because he already faces a likelihood of deportation to India.

The District Court heard that in December 2012 Jagdeep Singh, 25, picked up the woman from The Grand hotel at Glenelg in the early hours.

Close to home, the woman crawled out of the taxi and vomited.

The court heard Singh put his hand up the woman’s dress and touched, then kissed her.

Singh had been due to go on trial but the prosecution dropped a charge of attempted rape and he pleaded guilty to two counts of indecent assault.

The former driver’s lawyer said the man already had been punished by losing his job and his chance to live and study in Australia.

Singh will be sentenced next month.

 

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Age: 34 (2014)

 
Location: Collingwood / VIC

 
Offence: Charged with aggravated burglary, indecent assault, rape and theft. Watched a woman through her open bedroom window for about 20 minutes before pulling back the flyscreen and sneaking into her home & raping her.

 
Sentence: Sentenced to six years in jail with a minimum of four years & placed on the sex offenders register for life.

 

Other: West Papuan asylum seeker, granted a temporary protection visa after arriving in Australia by boat in early 2006. Pirimapun was jailed for three years in 2009 for sexually assaulting two women in Far North Queensland, after serving an 18-month term he was released on parole, granted a visa and relocated to Victoria. May be deported when he finishes his sentence.


http://www.couriermail.com.au/news/world-old/sex-pest-faces-deportation/story-e6freopf-1111116688852

Australian sex offender Ross Hannant arrested in US

  • AAP
  • June 20, 2008 12:00AM

CONVICTED sex offender and fugitive Ross Hannant has been arrested in the US and faces deportation home to Australia.

The 64-year-old eluded US authorities for 10 years by slipping across the Canadian border and living in the quiet British Columbia town of Kamloops.

However his time on the run ended when he tried to cross back into the US on June 6.

“When he crossed into the US we ran a standard name query on him,” Mike Milne, of the US Customs and Border Protection, said today.

“It popped up as having an open warrant for him.”

Hannant was convicted in 1996 for an attempted sexual assault on an underage female in 1991 in Utah.

He was required to register as a sex offender but failed to do so and an arrest warrant was issued.

As an Australian citizen, Hannant faces deportation once his legal matters are resolved in the US, Milne said.
“He is an alien involved in a felony,” Milne said.

“That could certainly make him subject to deportation.”