Free Law Dissertations - This Was Recognized In Johnathan Carter’s Case, Where The Restorative
This was recognized in Johnathan Carter’s case, where the restorative justice process resulted in an agreement that went some way to remedying the harm caused to the victims, whilst also understanding the harm that the offender had brought upon himself. Johnathan Carter’s case is a classic example of a crime that was committed but will never be repeated. It is submitted, in agreement with the principle established in this case, that restorative justice is a valuable alternative to incarceration, where the crime will never be repeated.
The driver, Johnathan, of a car had been drinking that afternoon but had felt fit to drive. About fifteen minutes into the drive, the driver failed to drive the vehicle around a severe bend and he lost control. As a result, the car hurtled into a bank and Aaron Calvert, one of the passengers, was thrown out of the car and died at the incident. Soon after the disaster, the Johnathan was tested for alcohol consumption. The test revealed a blood alcohol reading in excess of the legal limit. He stated that he was guilty to a charge of driving with surplus blood alcohol causing death. Throughout sentencing, the Judge had to reflect on the appropriate sentence for a man who had killed ‘his lifelong best friend.’ The law at the time of the sentencing imparted that the maximum sentence was five years imprisonment.
On the other hand, preceding sentencing, Johnathan had agreed to take part in a restorative justice conference. During the conference an understanding was reached recommending definite results to the sentencing Judge. However, the Judge’s ruling was constrained by legal standards and legislation which did not then require him to take into account restorative justice effects. During the time of the case, a sentence of incarceration almost always resulted in a charge of alcohol-related driving causing death. All the same, directing his comments to Johnathan, the sentencing judge conveyed the following, sensitive declaration:
To hear the effect of the death of their eldest child on his parents would draw tears from stone. Even more moving, was their heartfelt and tearful plea, made in Court, that you, who have been like a brother to their son, and in some ways like a son to them, not be imprisoned. For them, that would be a second tragedy on top of the first, and would achieve nothing.
Subsequent to an appraisal of all the concerns, the Judge determined that a fair result was 18 months imprisonment. He suspended that sentence for the duration on the grounds that Johnathan was quite young, he had a previous ‘almost spotless’ record, he needed rehabilitation, had ‘diminished culpability,’ had been accommodating with the Police, was repentant and there was loving family and community support. The results of the restorative justice conference were taken into contemplation.
