Australia: No punishment for violent African gang?

Members of group that bashed man to partial blindness all avoid prison. Would whites have got off so lightly? What message does this send to other violent African gangs?

A GANG of youths whose bashing of an Indian man blinded him in one eye have all avoided jail. Majang Ngor, 20, the last of the gang to face court, was yesterday given an eight-month suspended jail term for the unprovoked attack on Kanan Kharbanda.

Prosecutors had wanted him jailed for four years. But Judge Susan Cohen said this would be unjust, given the penalties imposed on gang members who were more culpable. Ngor hadn't been an instigator or a ringleader.

At least three other youths - who can't be named because of their age - were given nine-month youth supervision orders in the Children's Court. The Director of Public Prosecutions is appealing against those sentences.

Ngor pleaded guilty in the County Court to recklessly causing serious injury, intentionally causing injury, robbery, and attempted robbery over the March 2008 bashing.

Mr Kharbanda, an accounting student, had been walking a friend to Sunshine station. One of Ngor's group demanded a dollar before hitting Mr Kharbanda in the face. Others joined in, kicking and punching; his friend was also hit and kicked to the ground. Mr Kharbanda suffered a fractured eye socket and broken nose. He has lost the sight in his right eye.

Crime Victims Support Association president Noel McNamara said it was beyond belief that the youths had been let off "scot free". "It's disgraceful. The Indian community has the right - all citizens have the right - to be up in arms about it," he said.

Ngor told police they'd been drinking at a party and one of the group had suggested they go "hustling". He admitted joining the pack, but denied striking either victim.

Judge Cohen said the Sudanese refugee had since worked hard to reform himself. To his credit he'd finished year 12, got a stable job, and had stopped binge-drinking.

She said he hadn't caused the worst injuries, but had helped those who did. Violence at railway stations was of major public concern, but the matter was "less serious" than if weapons had been used.

The judge suspended the jail term for 15 months and ordered Ngor to do 40 hours of community work, saying the greatest public benefit would come from his rehabilitation.

Shadow attorney-general Robert Clark said it was extraordinary that none would spend time behind bars and said it is weak sentencing laws that allowed the gang members to walk free. "The victim of this crime will suffer a lifetime sentence with his injuries while the offenders are being let off with just a few hours of community service," he said.

"Imposing suspended sentences does nothing to build respect for the law, yet under John Brumby's weak sentencing laws vicious crimes like this bashing will continue to qualify for suspended sentences. "In contrast, a Baillieu Government will abolish suspended sentences for all crimes so that jail will mean jail," he said.

Original report here. (Via Australian Politics)



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