podcast

The speaker discusses the topic of culpable driving, which is driving recklessly under the influence of drugs or alcohol and causing death or injury to someone else. They explain that the usual sentence for adults found guilty of culpable driving is 20 years, but for minors under 18, it is only 6 months to 3 years. The speaker questions the difference in sentences based on age and introduces the concept of Dolly Inc Pax, which states that children aged 10 to 14 are not responsible for criminal offenses unless their behavior was seriously wrong. The speaker suggests increasing the sentence for minors aged 15 to 18 who commit serious crimes to match the punishment for adults. They argue that this would decrease the likelihood of re-offending and make the legal system more fair. The speaker also mentions the high rates of recidivism among those released and sent to rehabilitation. They conclude by inviting listeners to share their opinions on the subject. Hey guys, it's Indie and let's talk. Now, unlike our other episodes, this one is going to be a bit more serious. This episode is going to include talking about death, murder, culpable driving, and manslaughter, as well as jail sentences, specifically around minors. So if you feel uncomfortable, feel free to skip this episode and we'll see you next week. So, you may be asking yourself, what is culpable driving? That's completely understandable. I didn't know what it was until a few months ago. Culpable driving is when a person drives a motor vehicle, a motorbike, a car, etc. recklessly whilst under the influence of drugs or alcohol, which causes death or serious injury to someone else. Now, the usual sentence for someone over the age of 18 who is found guilty of culpable driving is 20 years, yet a person under the age of 18 will only get charged with a sentence of 6 months to 3 years. This is the same as where they go. Persons above the age of 18 will get sent to prisons, whereas those under 18 will go to juvenile centres or youth detention, even if the crime is committed with the same. Isn't that crazy? How even though the crime stays the same, the sentence differs because of age? Now, why is this? Well, I've done some research and there's this fancy legal term called Dolly Inc Pax. Dolly Inc Pax is the idea that a person aged 10 to 14 is not responsible for a criminal offence unless the prosecution can prove their behaviour was seriously wrong. This leads us to the age of criminal responsibility. Under the law in Australia, persons under the age of 10 years cannot be held responsible for committing a criminal offence, but this is where the term beyond reasonable doubt comes into play. As I said before, a person aged 10 to 14 years is not responsible for a criminal offence except if the prosecution can prove that the offence was beyond reasonable doubt. Now, you may be wondering, what does that even mean? Well, beyond reasonable doubt is a legal term which ensures that a jury or magistrate must be certain that the person committed the crime before they can be found guilty. This means that the prosecution must prove all elements of the alleged offence beyond reasonable doubt before conviction, and although I understand why adults and minors aren't charged with the same sentences, I believe that the sentence for minors who commit these crimes should be increased, specifically those aged between 15 to 18 years. I strongly believe that the consequence and sentence for those aged 15 to 18 must be increased to the same punishment that those 18 and above receive. Section 318 of the Crimes Act 1958 states that any person who, by the culpable driving of a motor vehicle, causes death or injury of another person shall be guilty of an indictable offence and shall be liable to level 3 imprisonment, 20 years maximum, or a level 3 fine, or both. But the standard sentence for culpable driving in Victoria is only eight years, if that. Don't get me wrong, I understand that they can be released for a good behaviour bond and sent to rehabilitation. I'm all for rehab, but in Victoria during 2019-2020, 37% of those released and sent to rehab returned to prison within two years, and in the Northern Territory, 56.7% of those let out re-offended and ended up back in prison. This makes my point of increasing the sentence for those under 18 stronger. If we increase the sentences for those who commit serious crimes such as murder, manslaughter, culpable driving, etc, the chance of recidivism, which is the tendency of a convicted criminal to re-offend, will be decreased as they're being punished for longer. I believe that the percentage of criminals that return back to prison will be significantly decreased if we just raise the prison sentence given to those under 18 to the same sentence those 18 and above face. So I stand to make a change to our legal system and increase the penalties given to minors who commit these serious offences. Don't be afraid to tell me what your opinions about this subject are, I'd love to hear them all. That's all for this week's episode my friends, so thank you guys for listening, get home safely and take care. I'll see you next week, bye!