Qld AG unhappy with latest bikie sentences
- 3 hours ago December 17, 2013
The three men were sentenced to between four and six weeks in solitary confinement after they were found guilty of contempt.
Supreme Court judge Peter Applegarth said that although the men were guilty, solitary confinement was an extremely harsh punishment for the crime.
He said new jail measures for bikies were "extremely harsh" an those conditions should be taken into account in deciding how long the men spent behind bars.
When asked about whether the government would appeal the sentences, Attorney-General Jarrod Bleijie said they were not in line with what the community wanted.
"I'm not going to specifically speak on it because I am looking at avenues of appeal because I believe that fundamentally it doesn't set a deterrent, it's not in line with community expectations," he told ABC Radio on Tuesday.
"Therefore, I'll be looking for advice on whether there's avenues for appealing these decisions."
Mr Bleijie also said he wouldn't rule out changing the laws if there was no legal way to appeal the rulings.
"The judges interpret the laws, but as you have seen we are not adverse to changing the laws if there's a difference in interpretation between the legislature (government) and the judiciary," he said.
"I believe we've gone too bureaucratic in our legal system and we're not looking at victims, and you know, a lot of these offences are not victimless crimes, criminal gang members commit all sorts of crimes."
Bikie lawyer Bill Potts said solitary confinement was an inhuman, degrading treatment designed to break rather than rehabilitate prisoners.
He claimed people locked up alone for 22-23 hours a day were 20 times more likely than other prisoners to suffer psychiatric problems.
"Go down to Tasmania, to Port Arthur, and you'll see the model prison there, which shows that even in 1820 this type of punishment was harsh. It did not work and it has the effect not of punishing, but of effectively humiliating and dehumanising prisoners," he said.
"It's one thing to put people away so they are unable to commit crime. But if you put a dog in a prison or a cell for the period of time the government is doing to these people you would find that the RSPCA would prosecute them.
"They have been treated in a way that you would not treat a dog."