Wow! Media coverage as extra judicial punishment…!!!
I am almost speechless – and moved to the second post of the day!
An Australian judge has recognised that the media coverage that those with some vestigial claim to celebrity attract when appearing in court on criminal charges is a form of punishment in its own right – and has mitigated a sentence accordingly.
That is utterly groundbreaking. Long may it continue.
The case concerned a young Australian drug addict, who had been present in a sordid apartment when three drug addicts and small time criminals got into a fight resulting in one man dying of stab wounds. Such a common or garden occurrence that it would barely have made it out of the local newspaper.
Harriet had been addicted to drugs since she was 10. Originally to Ritalin, a drug often prescribed to children with behavioural problems. She grew to be a teenager with bi-polar disorder. Eventually she acquired an addiction to methamphetamine. Crystal Meth.
Being a wealthy parent with limitless funds and political clout are meaningless when you have a daughter who is bi-polar and addicted to Crystal Meth. You can pay lots of people vast sums of money to give you professional advice – you have as much chance of success as a poverty stricken inner city parent.
Being a ‘privileged child’, going to private schools, being the beneficiary of a multi-million pound estate, are meaningless in the grip of a serious addiction. They are irrelevant. It is the next lump of ‘Ice’ that concerns you, not which school you went to.
The only people it does matter to are the media. ‘Poverty stricken inner-city parent fails to wean daughter off drugs’ doesn’t sell.
“Revealed:Wran’s role in ice junkies’ plot to murder a drug dealer.”
Now that works wonders when the name Wran is that of the former premier of New South Wales. It became world wide news, not because of what had happened, but because this young girl, Harriet, was fathered by Neville Wran, former longtime premier of New South Wales. On such information you can hang a syndicated column.
The details of the offence are easily Googled, they do not matter here. What interests me is that the judge recognised that both social media and the mainstream media had churned out an endless stream of highly derogatory and damaging stories about Harriet because she was ‘click-bait’.
‘In my opinion the publication of these egregious articles warrants the imposition of a sentence that takes account of Ms Wran’s continuing exposure to the risk of custodial retribution, the unavoidable spectre of enduring damage to her reputation and an impeded recovery from her ongoing mental health and drug-related problems.’
He accepted that in this particular case, her celebrity arose from ‘an accident of birth’ rather than her courting of publicity.
Even so, the mitigating factor was the ‘extra-curial punishment’ of her invasion of privacy by the media, including allegations regarding her sexual life, photographs purloined from private collections, and the publication of private correspondence. This had led to threats to her life in prison, where she had to be put in isolation for her own protection, and that these threats were likely to continue into her ongoing normal life. The lurid coverage was out of all proportion to the actual gravity of her offence.
I am minded here of the media coverage of individuals such a Dave Lee Travis – an offence so paltry in comparison to the lurid headlines at the time.
Could this be the answer to our problems in the UK? Rather than demand anonymity for the accused – show the media that they are free to publish what they want, but that lurid speculation out of all proportion to the actual offence will be taken as a mitigating factor in sentencing? And the offending media named and shamed.
News Corps Sydney tabloids were particularly singled out for their ‘ill-informed’ reportage.
Imagine the public reaction to ‘Adam Johnson found guilty, but sentence reduced to six months after lurid and ill-informed media coverage by the Daily [xxx] is taken into account in mitigation…’
There’s a thought to ponder on.
- Moor Larkin
July 26, 2016 at 2:26 pm -
“lurid speculation out of all proportion to the actual offence will be taken as a mitigating factor in sentencing”
I personally feel that those faced with massive lists of offences should have their sentences declared, but then made proportional to the number of guilty verdicts versus total charges made. Ray Teret was found NG to 60% of his serious charges.
- Lisboeta
July 26, 2016 at 3:12 pm -
I’m shocked! Who’d’ve thought it? “News Corps Sydney tabloids” singled out for their reportage….
- Margaret Jervis
July 26, 2016 at 3:23 pm -
Judge in Clifford sentenced more heavily for his media ‘clowning’ and ‘protestations of innocence’ for the world to see. So no joy here. Court of Appeal disagreed but upheld the sentence anyway. Doubt the Oz effect would catch on here. Judges too concerned at watching their hashtags https://www.theguardian.com/media/2014/nov/12/appeal-court-max-clifford-defendants
- Fat Steve
July 26, 2016 at 3:55 pm -
Nice idea Anna but I can already hear the screams of ‘One Rule for the Rich and Famous ……etc’ But yep an offence which harms no one but the Defendant might work (Prostitution perhaps or Possession of Drugs) …..I am less certain about crimes against the person.
- Fat Steve
July 26, 2016 at 8:08 pm -
With nothing better to do whilst ‘decompressing’ between answering e mails that have accrued during a break abroad I had a brief look at reports on the Harriet Wran case available on the web to see if I could ‘buy in’ to your point specifically with regard to Harriet Wran.
I find that I am unable to so do.
With Privilage comes Responsibility (yes caps in both instances) and ignoring the responsibility that comes with privilage (a good education, wealth, access, opportunity choice and much else besides) is to rather spit in the face of others (Family/ Society) for no good reason (the cult of Entitled ‘victim’ that you so sucessfully deconstruct on your blog) ….to accept advantage but disavow any obligation that privilage confers is self centered and spoilt (for want of a better word).Indulge in drugs by all means if that is ones ‘bag’ but not in a manner that puts others at risk. Unless there is something missing in the reports I have read it was Harriet Wran’s choice to live the life she has ….destitute and indigent perhaps but not through circumstances other than of her choosing either parial or total …..Mummy and Daddy would I suspect have given her enough of their 22 milo fortune not to cause waves even if as may be the case thet didn’t give a shit for her emotional wellbeing
I am by no means against the point you make about the mentally incompetant …..the addict unable to help themselves ……and Anglo Saxon Jurisprudence acknowledges that dimension but I think the Wren case falls outside of that notion of lack of responsibility through mental incompetance of the nature and quality of the criminal act commited by her (Harriet Wren). If it were otherwise the plea and the sentence would (should?) have been different.
I find myself inclining to the rather illiberal view that it behoves those with privilage (of any sort) to take great care to discharge the concommitant responsibility that comes with it.
As the expression goes time to ‘man’ (or woman) ‘up’ if one doesn’t really have genuine objective excuse to do otherwise- Fat Steve
July 26, 2016 at 8:12 pm -
parial ..partial
- Fat Steve
- Fat Steve
- The Blocked Dwarf
July 26, 2016 at 4:47 pm -
I’m a big believer in the Holy Freedom Of The Press and very much against any curtailment of journalistic freedoms, infact I think they should be granted more. Far as I can see the ‘hackers’ of Milly’s phone were doing nothing illegal not immoral but simply their jobs.
As long as what they report is truthful and accurate of course (let’s not get into the whole “whose ‘truth’ ” thing right now).
What I would rather like to see is a verbot on sensationalism and that includes the use of photos and screaming caps, and far greater, cheaper and speedier recourse for the victims of press libel. If it is printed in Screaming Daily Mail headline font on page 1, the retraction and/or grovelling apology must also be on page one in such caps.“Rolf Harris *Standard stock photo* arrested for offences against the Kiddy Fiddler Act 19whatever” would be a reasonably un-sensationalist healine IMO.
In the case of Wran, then I would suggest a little bit of anonymity such as ‘or H. the daughter of’ and no photo would have gone a long way. . Not because she has any right to anonymity but to de-sensationalize the headline. Maybe use the word ‘methamphetamine addict’ instead of ‘ice junky’?
Yes it’s all semantics but how you say things matters.As I pointed out to The Bestes Frau In The Whole Widest World this lunchtime whilst out on our walk, the billboard headline “NORFOLK TO BE SAFE HAVEN FOR REFUGEES” was written with a desire to stir up all the little Englanders who must, upon reading that headline, assume thousands upon thousands of refugees (ie ‘darkies’ and ‘Mossies’) will be shipped to their quaint market town and drive down the house prices.
- john malpas
July 27, 2016 at 12:05 am -
Well-‘The Blocked Dwarf’ – how would you think of ‘No safe haven for the Wermacht’ would have been received by the little Englanders in the 40s?
- The Blocked Dwarf
July 27, 2016 at 7:04 am -
Well-‘The Blocked Dwarf’ – how would you think of ‘No safe haven for the Wermacht’ would have been received by the little Englanders in the 40s?
Not quite sure what point you’re trying to make but if it is the point I suspect it is then I would wonder how much you’d had to drink last night for you to compare 50 Syrian refugees (in words F I F T Y ) to , arguably, the finest most effective army of it’s time. I’d also wonder if you’d missed my use of ‘Frau’ in my previous comment.
We have several commentators here who are knowledgeable enough to explain all the various theories as to why , after Dunkirk, Hitler chose not press home his advantage and invade Britain, but as far as I know the answer is no one knows for sure…probably the ‘Stimmen’ in his ‘Kopf’ told him not to. Fact is, if he had then the chances are he would have succeeded.
- windsock
July 27, 2016 at 9:52 am -
The chances are that in some parts, he would have been welcomed. We would have had our own Vichy collaborators.
- tdf
July 27, 2016 at 10:32 am -
^ There is no question that that is correct. A large chunk of the aristocracy were Nazi sympathisers. Churchill’s initial battle was within his own party.
- tdf
- windsock
- The Blocked Dwarf
- Make It Stop
July 27, 2016 at 2:46 pm -
Anna, I believe that a little raccoon goodness should be provided due to an outbreak of common sense
Loki – http://linkis.com/www.thedodo.com/Ei8XZ
- ivan
July 27, 2016 at 5:04 pm -
And now we have the police using junk science to add to any sentence handed down by the judge.
You couldn’t make it up if you tried.
- tdf
July 27, 2016 at 6:32 pm -
Hey TBD
How you doin’.
Under pressure
But not bent out of shape
Surrounded
We always found an escape
Drove me to drink
But hey, that’s not all bad
Two shots of happy, one shot of sad
Guess I’ve been greedy
All of my life
Greedy with my children
My lovers, my wife
Greedy for the good things
As well as the bad
Two shots of happy, one shot of sad - Eric
July 27, 2016 at 9:49 pm -
An unexpected bonus from the high profile Harriet Wran case: I have a friend in Sydney who lives in the suburb where this murder of a drug dealer took place. It happened in a run-down government housing building described as a ‘hovel’ in the media. It’s one of those inner city suburbs that was once a slum but is rapidly being yuppified.
My pal drives his car to the front of the building as it has free 24 hour parking and then catches the near-by bus to the city for work. He has noticed ever since this murder happened that a ton of activity has taken place in the building. He engaged a resident to find out what was happening. Apparently despite there being 2 previous murders ever since the Wran case and the resultant publicity the government has spent over $3M refurbishing the building and apartments. Residents say they are very happy one annoying drug dealer is no longer, a couple of others have been evicted and they love their shiny new foyer and landscaped gardens.
{ 19 comments… read them below or add one }