Loveridge's Argumentative Analysis

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It cannot be wholly determined whether the law has adequately balanced the rights of society because of the drastic scope of reactions the community has presented in response to Loveridge’s sentence. One perspective is represented by that of former DPP Nicholas Cowdery and Charles Waterstreet, both of whom agree that the sentence was fair for the crime of manslaughter by a young intoxicated offender. Waterstreet argues that the justness on Justice Campbell’s judgment has been “ignored in the baying for blood”, ignited by the public by utilizing the positive aspects of Kelly’s personality to demonise the offender. The rights of the community are effectively taken into account on one hand, as Loveridge’s rehabilitation signifies hope that young …show more content…
The victim’s family calls for retribution, which they have received, however not to their satisfaction. Their personal anger and grief however, do not constitute grounds to extend a sentence as these factors are subjective and have no legal merit in a criminal trial. The offender Kieran Loveridge wants justice through rehabilitation and the consideration of his circumstances. The law has been especially just to Loveridge, to the extent that is borders on leniency, however because the young man, when unaffected by alcohol, does not appear to pose an immediate threat to society, the sentencing judge has been able to exercise his judicial discretion in determining that there is hope to Loveridge to function as a wholesome member of society without the need for the maximum sentence of 25 years for manslaughter. The community either calls for retribution, rehabilitation or reform of existing laws. The communities’ rights however, are jeopardized because Loveridge’s future behavior is unforeseeable, and therefore the offender may poses a potential risk to the community upon his release. The law has aimed to effectively balance the rights of Kieran Loveridge, the Kelly family and the NSW society, however it has only achieved this to a limited extent. The rights of each were taken