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'Cross-dressing' killer walks free

Posted by: Derryn Hinch | 2 September, 2010 - 5:59 PM

RELATED AUDIO:

Victim's father: 'If you cross-dress you can walk free!'

HINCH: I’ve got this crazy idea. I’ll put on a frock and a blonde wig and I’ll go out and I’ll kill somebody. And then when I go to court I’ll argue that I am a cross-dresser, and maybe I’ll throw in that I take illegal drugs (not for recreational purposes) because I am depressed.

And the judge will say ‘I understand’ and I won’t be sent to jail. Because people will tease me and bully me.

Now that’s pretty far-fetched but something like that has happened in a Melbourne Court.

A cross-dressing Victorian P-plater who was speeding, lost control of his car crashed his car and killed his girlfriend.

Twenty-one-year-old Jaybe Baldwin pleaded guilty to dangerous driving causing death. He could have been sentenced to up to 10 years in jail.

But County Court Judge Marilyn Harbison decided Baldwin could be attacked in prison because of his sexuality – even in a youth unit – so she sentenced him to three years jail, totally suspended, and he walked free.

It’s an extraordinary case. And in my view an extraordinary decision. Surely our prisons must be safe enough for all sorts of prisoners.

Even though I’ll concede Baldwin could be at risk in the general prison population.

Even the judge said the sentence was not ‘a totally appropriate one’ but let Baldwin walk free nonetheless.

Blog comments Your Say

  • What I can't understand.
    If the guy was not jailed because of his troubled life with sexuality.
    How come he had a girlfriend of weeks?
    It seems strange to me.

    Dazza Tuesday 7 September, 2010 - 1:41 PM
  • Little do you know that this kid is also suffereing from other illnesses. This isn't just about him being a cross dresser. People need to get all the facts before they make accusations!

    Elise Monday 6 September, 2010 - 8:48 PM
  • Life is cheap in Australia. Due to the high cost of prisons, criminals are being given light sentences. There are too many "humanitarian" ideologies about the sanctity of human life, and all these "rights" end up in conflict. The rise in our crime rates is disturbing and needs to be stemmed. We need to bring back capital punishment for the worst of killers involving children and the vulnerable, and for serial killers. Being a "cross dresser" is in the same category of "mental illness" excuse for leniency!

    VivKay Thursday 2 September, 2010 - 6:37 PM
  • Great message to send out to people who kill, just tell the Judge you a Cross Dresser, and you go Free.

    janet page Thursday 2 September, 2010 - 6:27 PM

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