What punishment do they deserve?

[Miss Chicken]

A YOUNG waitress committed suicide after humiliating and relentless bullying by her co-workers, a court was told today. Brodie Panlock, 19, was spat on, called fat and ugly and, on one occasion, had fish oil poured all over her hair and clothes.
One tormentor even told her to take rat poison.
Ms Panlock, who worked at Cafe Vamp in Melbourne, jumped to her death in September 2006.
Former Vamp employees Nicholas Smallwood, Rhys MacAlpine and Gabriel Toomey have all pleaded guilty in Melbourne Magistrates' Court to failing to take reasonable care for the health and safety of persons.
The cafe's owner, Marc Luis Da Cruz, and his company MAP Foundation have pleaded guilty to two charges, including failing to provide and maintain a safe working environment.

Rest of story here

I didn't know that there was such a crime on the law books but I am glad there is. No-one should be bullied like this when all they are doing is trying to make a living. I am not sure what the penalties for such a crime is, it will be interesting to see what sentence these guys are given.


Pouring fish oil and spitting on her should be treated as assaults.


I suppose the fact that they pleaded guilty will mean they get a lighter sentence.

 

[RJDiogenes]

Obviously these people need psychological help. I don't know what kind of punishment would be suitable. Public service? If they can be treated for their illness, they may be able to help counsel others. Restitution? What kind of restitution would suffice for somebody's death? Jail time? Adequate, but wouldn't solve anything and would probably make them worse.

 

[TheBrew]

They should be beaten with a sack of hammers.

 

[The Borg Queen]

How about disfigurement by Rhinectomy?

That may be appropriate for such spiteful crimes.

 

[opali]

What an awful story.

She was beautiful. It is horrifying that she endured what she did and and even more so that no one cared to step in and stop it.

They should be held accountable for malicious or felonious assault at the very least. If they do walk away unscathed, I'm sure civil lawsuits will follow. The parents are emotionally wrecked by this.

 

[RandyS]

You know, I don't want to belittle what this kid went through (having shit thrown at her was inexcusable), but like her, I was also called fat and ugly (I was neither), and a retarded crippled freak (I'm not, although I am disabled) when I was her age, and made fun of because of my wheelchair, but I didn't kill myself, and the fact that she did over name calling suggests that she had deep seated psychological problems. She was high school age. High school kids will never be known for their kindness.

Of course, that doesn't excuse these clowns.

 

[Captain Shaw]

You know, I don't want to belittle what this kid went through (having shit thrown at her was inexcusable), but like her, I was also called fat and ugly (I was neither), and a retarded crippled freak (I'm not, although I am disabled) when I was her age, and made fun of because of my wheelchair, but I didn't kill myself, and the fact that she did over name calling suggests that she had deep seated psychological problems. She was high school age. High school kids will never be known for their kindness.

Of course, that doesn't excuse these clowns.

They where not high school age.
Marc Da Cruz, 43, Nicholas Smallwood, 26, Rhys MacAlpine, 28, and Gabriel Toomey, 23,

We had a case in the uk but the workers got away with it.

Hannah was stabbed in the arm with corn sticks by her colleagues. Workers also sprayed deodorant on her uniform, held a cigarette lighter against her and drew on her face and body with a marker pen.

http://news.bbc.co.uk/1/hi/england/manchester/4504014.stm

 

[Nardpuncher]

I really don't want to sound like an idiot, but I'd like to hear the whole story before I beleive a bunch of adults supposedly bullied a young woman to her suicide. I am absolutely sorry if I am in the wrong here and will stand to be corrected if more information comes up.

What I mean is we used to have an atrocious woman work at my current place and she left after about 10 months, then someone found that she'd written numerous things on a BB used by foreigners (we're in Taiwan) and complained about her 'previous coworkers' (which was us) and how we were brain-dead mrorons who sucked up to the boss and so on and so on.
This woman used to say incredibly rude things and took any opportunity to bash people over the head with any knowledge she had that others didn't. It definitely came from low self-esteem, but whatever the reason she was very difficult to work near or with.

 

[Miss Chicken]

What more is there to hear?

The three younger men have pleaded guilty to the charges, admitted that they bullied her, and have expressed deep regret. The older man, who has also pleaded guilty, has admitted that he was aware of bullying, didn't stop it and sometimes condoned it.

 

[Emher]

They should have to be put trough what they put her trough, over and over and over again.

 

[Mr. B]

I think I would have just found another job.

 

[Kelthaz]

^ Yeah, I'm having a little trouble understanding how being bullied at a dime a dozen minimum wage job leads to someone committing suicide. I'm not condoning what her fellow employees did to her, but they shouldn't be held fully responsible for her death. Calling someone fat != murdering them.

 

[DonIago]

In this day and age, finding another job in many regions is much easier said than done.

As they weren't charged with, for instance, Murder, I wouldn't say they were held fully accountable.

 

[Locutus of Bored]

You know, I don't want to belittle what this kid went through (having shit thrown at her was inexcusable), but like her, I was also called fat and ugly (I was neither), and a retarded crippled freak (I'm not, although I am disabled) when I was her age, and made fun of because of my wheelchair, but I didn't kill myself, and the fact that she did over name calling suggests that she had deep seated psychological problems. She was high school age. High school kids will never be known for their kindness.

Of course, that doesn't excuse these clowns.

It was quite a bit worse than what you're describing it as, and as mentioned the perpetrators were all adults who had knowledge of her being potentially suicidal and continued on with the bullying anyway.
________________________

After Smallwood and Brodie began an intermittent sexual relationship, in which he did not reciprocate her infatuation, he taunted and ridiculed her.

Smallwood and MacAlpine, said one witness, ''messed with Brodie's head a lot'', and called her fat, stupid, ugly, whore and acne.

After her first suicide attempt, in which she tried to poison herself, Smallwood taunted her that ''you can't even kill yourself properly''. He and MacAlpine mocked her when she found the Ratsak in her bag, and then poured fish sauce over her.

Toomey told Brodie to eat more Ratsak, poured beer over her and made offensive remarks.

In September 2006, after an employee had told Smallwood and MacAlpine that if they didn't stop, ''you're going to have blood on your hands'', Brodie jumped from a car park and died three days later.
________________________

As to what punishment they receive, I don't know what the maximum is for the charge they're being tried on, but this is about as close as you can get to causing the suicide without actually pushing her off the ledge, so they should get as close to the maximum sentence as possible, IMO.

Perhaps they can earn some time off for good behavior by having to spend a mandatory eight hours a day working for a suicide hotline (and handling cases properly).

Maybe a trip or two to the morgue to view the outcomes of other successful suicides would be appropriate as well.

 

[scotpens]

They were not high school age.
Marc Da Cruz, 43, Nicholas Smallwood, 26, Rhys MacAlpine, 28, and Gabriel Toomey, 23,

Certainly no one should have to endure the kind of treatment this young woman was subjected to. But, aside from the question of to what degree her tormentors were culpable in her death, there's the issue of adults behaving like high-school bullies -- in fact, more like ELEMENTARY school bullies. Good lord, what is wrong with these people?

Also, I'm a bit puzzled by the criminal charge here. In the U.S. we have varying degrees of criminal negligence, but “failing to take reasonable care for the health and safety of persons” sounds like a dangerously vague catch-all to me.

I suppose the fact that they pleaded guilty will mean they get a lighter sentence.

Not necessarily. That would happen if they had originally faced a more serious charge, such as criminal assault, and their attorney plea-bargained it down to a lesser charge to avoid the delay, hassle, stress and expense to taxpayers of a jury trial. At least, that's how it usually works here in the States. I don't know how they do things in Australia.

 

[Miss Chicken]

Also, I'm a bit puzzled by the criminal charge here. In the U.S. we have varying degrees of criminal negligence, but “failing to take reasonable care for the health and safety of persons” sounds like a dangerously vague catch-all to me.

Theya re being chanrged under a Workplace Safety Law so this crime can only be laid if the bullying etc takes place in a workplace.

 

[StarryEyed]

I generally totally reject the "eye for an eye" mentality when dealing with criminals but I believe bullying is one offense where it is totally appropriate. Bullies should have the absolute shit beaten out of them. Don't cause any permanent physical harm to them, just batter, bruise and humiliate them. Repeat as necessary until learning takes place. If it doesn't, throw them in jail along with the other violent offenders.

 

[Mr. B]

In this day and age, finding another job in many regions is much easier said than done.

I don't doubt that, but when one considers the alternative to be "kill myself," I think quitting the crappy job is still the superior solution.

 

[The Boy Who Cried Worf]

Hmmm, I am honestly having a little difficulty viewing this as totally cut and dry. Yes this falls under the definition of hostile workplace and the owner should be legally held accountable for that. And yes a lot of the bullying done by the three men falls under the definition of assault and they should be legally held accountable for that.

But what steps if any did this girl take to report and stop the abuse? What steps did her friends and family take to remedy the situation after her first suicide attempt? The story also does not make clear whether or not her sexual relationship with one of her tormentors started before after the bullying began. To put up with that kind of abuse for so long indicates to me this girl had mental problems before hand and no one bothered to recognize or help her before it was too late.

 

[Nardpuncher]

^^ That's what I was thinking.
The story seemed just too nutty. The oil and pushing and shoving, is that documented? Maybe the young woman made it up, I know the others pleaded guilty, but they may not have pleaded guilty to doing those things.