County Court judge Roy Punshon has maintained that his re-sentencing of “Bendaz Root Rate” co-creator Josh Turner was not more lenient than Turner’s original suspended prison term.
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On Monday Judge Punshon placed Turner on a 18-month community corrections order (CCO), which included 100 hours of community work and assessment for rehabilitation programs to address his “contempt” for women.
The new sentence was handed down after Turner appealed an initial punishment handed down Bendigo Magistrate Ian von Einem on July 31.
On that day Turner, who set up the sexually degrading Facebook page with his brother last year, pleaded guilty to using a carriage service to offend and using an online information service to publish objectionable material.
He received a six-month suspended sentence as well as a 12-month CCO with 150 hours’ community work.
Judge Punshon said changes to legislation meant that combination of punishments was no longer available to him.
Attorney-General Robert Clarke announced some clarifications to the CCO legislation on August 14 this year that made it clear that courts cannot combine a CCO with a suspended sentence or with imprisonment of more than three months.
Mr Clarke validated sentences outside those requirements that had been imposed by courts before August 14, which included Turner’s, but ruled out such sentencing combinations after August 14.
Speaking in open court yesterday, Judge Punshon said he was not being critical of Mr von Einem’s sentencing decision when he chose to impose the CCO solely, and he said people should not see it as a more lenient option.
“I told Mr Turner if he breaks this order he will face going to jail; that’s the same as if he had broken the suspended sentence,” he said.
Judge Punshon also said he did not believe Mr von Einem’s decision to have Turner assessed for the sex offenders program was inappropriate, but was concerned that Turner might not be found suitable and wanted to make sure other rehabilitation programs were considered.
“That will be entirely a matter for corrections to decide,” he said.