Following Mr Knight’s sentencing by Justice Hempel on 10th November 1988, there was much “media hype..particularly surrounding the sentence which was passed” [SOURCE: Independent Solicitor John Dickson QC in his letter of advice the very next day to Victorian Government’s Director of Prosecutions, 11th November 1988].
Clearly, despite Mr Knight pre-agreeing to abide by the Victorian Government’s Director of Prosecutions offer pre-sentence plea bargain deal – that Mr Knight admit guilt in the Supreme Court of Victoria to all the Hoddle Street shootings (murders, attempted murders and injuries) but to NOT in any mention implicate his Duntroon Bastardisation abuse as culpable causation for his state of mind at the time.
Well, Mr Knight agreed and duly honoured the Crown Prosecution’s plea bargain deal offer with the Victorian Government’s Director of Prosecutions during the Court hearings. This was in exchange for the Victorian Government’s Director of Prosecutions on its own part of its offered deal, NOT to subsequently appeal the pending sentencing terms.
Obviously, the plea bargain motivation by Duntroon brass was to censor such negative publicity about its institutional bastardisation culture since its 1911 inception.
Yet, immediately following Justice Hempel’s imposed concurrent custodial sentencing ruling of a maximum of 37 years upon Mr Knight, the same day (10th November 1988) the Crown Prosecutor was set to renege on that plea bargain and appeal the sentence anyway. The Victorian Government’s Director of Prosecutions immediately (same day of the sentencing) sought senior counsel advice about lodging an appeal against what it considered a far too a lenient sentence. Clearly the Victorian Government’s Crown Prosecution felt pressured by media and political pressure to throw the key away for Mr Knight , that he never be released.
Here is a copy of Solicitor John Dickson QC’s memorandum letter of reply in response to the Victorian Government’s Director of Prosecutions request for legal advice about appealing Justice Hempel’s sentencing terms of Mr Knight that previous day.
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Open in new tab Solicitor John Dickson QC’s advice back to Victorian Government’s Director of Prosecutions was sound. The prosecution’s role is to obtain justice for victims of criminal activity and when considering a plea bargain, the court must consider the following factors:
- Whether the plea bargain aligns with public interest
- Whether the plea bargain adequately reflects the seriousness of the crime
- Whether the plea bargain saves time and money
- Whether the plea bargain spares a victim or witness from the stress of testifying
These factors were evident in Mr Knight’s plea bargain. It was after all initiated by the Prosecution, not by Mr Knight. Mr Knight as defendant, agreed to plead guilty to all of the charges against him in exchange for the concession by the Victorian Government’s Director of Prosecutions to accept whatever the Justice’s sentence was to be.
The Victorian Government’s Director of Prosecutions did not appeal Justice Hempel’s sentencing terms of Knight. This is likely because that both Knight and the Supreme Court held a written record of that plea bargain offer.
Courts treat plea bargains as contracts between prosecutors and defendants. If the prosecutor reneges on the plea bargain, Mr Knight as defendant could well seek relief from the Judge. This could mean Mr Knight withdrawing his guilty plea, so a trial taken place and bringing witnesses forward and drawing out the case. Any appeal again the subsequently imposed sentence would be considered contrary to natural justice and so quickly thrown out by the appellate division of the Supreme Court of Victoria, once Mr Knight’s defence submitted such evidence.
It is likely that Victorian Government’s Director of Prosecutions chose not to take such action in the best interest of the public.
So, trust lawyers? Trust the Military ? Trust Government? Trust Corporate Media? NEVER! Once a pawn goes against the establishment, one’s on one’s own, ostracised, an outcast, considered public enemy number 1, condemned to wretched purgatory. It’s a portent lesson here for any would-be recruit signing up to any all-powerful institution.