First Three Strikes sentence handed down, and the Judge hated it

A man who grabbed a female prison guard’s bottom has become the first person to be jailed for the maximum term under the three strikes law but may not serve all of his seven-year sentence.

Raven Campbell, 25, was sentenced to the maximum jail term in the High Court at Hamilton on Thursday after admitting indecently assaulting a prison guard at Waikeria Prison in May.

He had already been issued with two warnings under the three strikes legislation for robbery and aggravated robbery.

As such he was liable to be sentenced to the maximum term for indecent assault – seven years’ jail – and have no prospect of parole.

But Justice Kit Toogod said making Campbell serve the full term,”would be a grossly disproportionate outcome” and declined to order him to serve the sentence without parole.

Grossly if it was the first time.  Grossly if it was the second time.  Why didn’t Campbell stop knowing full well the third time was going to earn him the brass ring?  

He agreed with defence counsel that the imposing the maximum term was very harsh as the offending was not the most serious assault of its type.

“But Parliament has determined that your history of violent offending requires a very stern response to protect the public from you and to act as a deterrent to you and others.

“It may seem very surprising that this consequence could be required by law for an offence of this kind, but that is the law and I have no option but to enforce it.”

He said if it wasn’t for the three strikes law Campbell was likely to have been jailed for no more than a year.

Campbell will be eligible for parole after serving a third of his sentence.

So Toogood J applied the full sentence but then changed the rules and added parole.  So much for “Parliament” determining anything.

Judges should not muck around with this.   They are the judicial branch.  If the Legislative branch implement harsher penalties, they do so on behalf of the voters.

The whole judiciary has been against this Three Strikes law from the get-go while the voters have been wanting to see more serious repercussions for the hard of learning recidivists.

If you can’t figure it out by the 2nd time, your third sentence isn’t just for your 3rd offence, it’s that you no longer get any discount for being too thick to stop yourself from doing it a third time.

If Campbell is sexually assaulting prison guards, the wee petal definitely needs to be out in among the population, don’t you think?   No?   You think someone with those tendencies and that amount of self control is better locked up?

Yeah, I reckon too.  So does parliament.  And so do the voters who put the government there.

Stop dicking around Judiciary.  Implement the will of the people.

 

– NZN via Yahoo! News

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