‘It’s a cop out’: No sentencing leniency for media coverage, say victim advocates

A spate of legal cases where the defence argues their client has suffered from excessive media attention sets a dangerous precedent, victims advocates say.

Pony club president and convicted paedophile Neil Duncan leaves Kings Street Court in Sydney. Picture: NCA NewsWire / Jeremy Piper

Leniency for defendants who have been subjected to media coverage is a “cop out” and sets a dangerous precedent, victims advocates say.

A spate of high-profile court cases where defence teams have argued their client has already suffered from excessive media coverage prompted advocates suggest it’s time that approach is abolished.

Victim advocate Howard Brown said people need to realise their actions have consequences and could negatively impact them and their families.

He said media coverage as extra curial punishment could be relevant in “minimal crimes” like shoplifting, and he said reporting is vital for transparency.

“But when we start talking about holding people up at gunpoint or sexually assaulting children in their care, members of the public are abhorred that any leniency should be considered just because you featured in the media,” Mr Brown said.

Last week, District Court judge Justice Robyn Tupman criticised the media coverage of convicted paedophile Neil Duncan, saying it had caused harm to him and his family.

Duncan’s lawyers argued that media coverage of the case should be taken into account when Judge Tupman considered her judgment, and claimed the coverage had caused his family “hardship”.

Child abuse survivor Chantelle Daly says it’s a “cop out” when defence teams try to suggest the media has caused someone embarrassment or suffering.

Ms Daily was just six-years-old when she was abused by notorious paedophile Michael Guider.

She said it sets a dangerous precedent when courts start giving leniency.

“I think using the ‘poor me’ excuse is a cop out and I think any judge or magistrate who gives leniency because someone has had their crime covered by the media is supporting the wrong side of justice,” Ms Daly said.

Solicitor Sam Macedone said while media coverage is not an accepted basis for leniency, there are circumstances where it is relevant to raise for consideration.

“It’s not one of the grounds for a reduced penalty, like good character or community work, all the things the court can take into consideration when deciding on a sentence.”

“But where someone does experience media attention, it can cause stress and anxiety … and the courts do take into consideration extra curial punishment.”

A suppression order was lifted last week revealing the defence team in the high-profile Bruce Lehrmann sex assault trial had tried to get a stay of his proceedings before the trial began.

Mr Lehrmann’s lawyers argued l that it would be impossible for the court to find 12 impartial jurors because of the publicity surrounding the case.

Chief Justice Lucy McCallum rejected the claims.