criminal law

Another violent criminal behind bars with a strike on the record

The opposition love criminals, they support them.

Why do I say that, well, it’s easy, they are soft on crime and opposed the three strikes law.

The latest example of scumbag thugs who should be permanently in jail but aren’t has recently played out in the courts.

The Sensible Sentencing trust explains:

A recent Christchurch case reminds us all what a wonderfully effective and discriminating tool the “three strikes” law promoted by Sensible Sentencing Trust, and passed into law in 2010 by the then National – ACT government is proving to be.

After a criminal career comprising 45 previous convictions – nine of them for violence – a Judge has finally put Shane Archbold behind bars for 5 1/2 years, and given him a “three strikes” warning for an aggravated burglary  during which Archold told the victim he was going to “take his eye out” with a tyre iron.

“This guy is an excellent example of why ‘three strikes’ was so sorely needed” said Sensible Sentencing Trust founder Garth McVicar.

“During his 45 conviction criminal career – a quarter of which were for violence – this man has no doubt served a number of prison sentences and been through the revolving door  at the front of the prison that was the criminal justice system. Were it not for three strikes,  at age 36 he could easily have gone on to rack up another 45 convictions, and continued to be let out on parole part way through each pathetic sentence” McVicar said.   Read more »

Bill Whittle on gun ownership and gun control

These facts are really going to annoy those of you who think that less guns and tighter gun control means less gun crime.

New Zealand gets a mention.

Every time there is a shooting in America, our moral betters on the left immediately ammo up the assault rifle of their rhetorical arsenal: namely, our country’s sick, twisted obsession with personal firearms; our adolescent, psychosexual, dangerous and frankly embarrassing when facing our European film critic friends AMERICAN GUN CULTURE.

Hopping over to the ever-reliable Wikipedia, for example, we discover that when it comes to per capita gun ownership, the USA does in fact top the list: when measured as the number of guns per 100 residents, the US comes in first, at ninety! NINETY guns per one hundred residents: evidence for the Progressives on the left that they do in fact live in the murder capitol of the world; because when it comes to gun ownership, America IS number one with a bullet, with by far the highest per capita gun ownership in the world – 90 guns per 100 people being half again more than the number two spot held by Serbia, with 58.2. Read more »

Catholic, pedo, scumbag rots in jail for Christmas

Bernard McGrath is in Sydney and has appeared before the Magistrate, who refused him bail.

He will be enjoying Christmas behind bars.

A former Catholic brother extradited from New Zealand to Australia to face hundreds of child sexual abuse charges has been refused bail in a Sydney court.

Bernard McGrath, 66, is in Australia after a legal bid to block his extradition failed in New Zealand’s highest court earlier this month.

Today, his matter was mentioned at Parramatta Local Court.   Read more »

He needs a good long stretch of another kind

A recidivist kiddy fiddler has escaped preventative detention and has been sentenced to 11 years 3 months imprisonment…a good long stretch…but not he kind of long stretch he really needs.

These scumbags are irredeemable…they are the detritus of society and should be flushed away like other refuse.

A paedophile has avoided an indefinite jail sentence after being convicted for the third time for offending against children on both sides of the Tasman.

Tauranga man Trevor Richard Hall was jailed for 11 years and three months’ for offending against three victims over a period stretching between 1996 and 2010.

One victim has become bisexual, and another has turned to prostitution, drugs and alcohol, the High Court at Rotorua was told.

Two women delivered emotionally charged victim impact statements about the ongoing effects the offending by the 62-year-old beneficiary has had on them.

Hall was ordered to serve a minimum term of six-and-a-half years’ jail by Justice Mark Woolford.    Read more »

Law and order proposals are “Ping-pong policies”

Both Labour and National have taken a hammering from Criminal Bar Association president Tony Bouchier.

Labour cops the worst of it though for proposing to move the burden of proof in rape cases from the prosecution tot he defence, having to prove consent occurred.

Proposed “vote-winning” law changes relating to criminal justice reform of rape cases could result in more innocent people being sent to prison, the Criminal Bar Association warns.

National and Labour say the current system is not providing justice for victims of sexual violation, and reform would make the system more victim-focused.

National wants to explore whether a judge or jury should be able to see a defendant’s refusal to give evidence in a negative light. Legal experts have called this an attack on the right to silence.    Read more »

Do you get a medal if you bust a cap in a Wogistani?

Stand your Ground

Stand your Ground

NZ First has wimped out on providing proper protection for people defending their home and assets.

They have proposed a halfway house from a proper law like the Castle Doctrine aka Stand Your Ground law and the current situation where law abiding citizens are prosecuted for defending themselves.

It’s a good start but I think they wimp out a bit.

A hardline law and order policy by NZ First would offer greater protection to homeowners, farmers and shop keepers who shoot to kill intruders during home invasions or burglaries.

Along with a 40-year mandatory non-parole sentence for premeditated murder, NZ First wants the Crimes Act amended to give certainty over the use of “reasonable force” for self-defence.

Ahead of the party’s annual convention this weekend, law and order spokesman Richard Prosser said the policy was a response to a string of incidents that had seen farmers and shopkeepers in court over their use of firearms or even hockey sticks against would-be robbers.

Mr Prosser said so-called “castle doctrine” laws in some US states, which saw Texan Joe Horn acquitted after his 2007 fatal shooting of two men who had burgled his neighbour’s home, were “so over the top that it wouldn’t be something that I think anyone in New Zealand would give consideration to”.    Read more »

Protect that Child and ignore the wombles

The Sensible Sentencing Trust has launched a campaign about name suppression and flown Derryn Hinch over to speak about the travesty that is name suppression.

I may have been convicted and in the process changed the law, but the law changed put through by Simon Power were small and more interested in stopping people like me rather than actually tightening up on suppression orders.

Derryn Hinch has gone to jail for opposing suppression orders.

Derryn Hinch wants to be able to turn on his mobile phone and see the names of all sex offenders in the neighbourhood.

The outspoken Taranaki-born broadcaster, who now leads a campaign for a public sex offenders register in Australia, has come home to launch a pre-election campaign by the Sensible Sentencing Trust to get a similar register in New Zealand.

He will take part in a trust-organised debate tomorrow against liberals Dr Gwenda Willis and Kim Workman.

Kim Workman is one of those wombles who means well but is a hopeless crim hugger that the media uses all the time to promote their crim hugging stance.

Stephen Franks gives him a right good ticking off in his latest blog post.

On Sunday afternoon I’ll be in Auckland to chair a public discussion of  the secrecy that justice insiders defend so tenaciously. Derryn Hinch is the main speaker. He’s endured prison to stand up for open courts and freedom of speech.

Doing my homework, I’ve been reminded of the intellectual blindness engendered by the beliefs of well meaning people.  Kim Workman is a good man. He writes thoughtfully on his blog “Smart on Crime”. The post prompted by the absurd discharge of the Maori prince is worth reading by anyone who needs to understand the criminal justice establishment. They need to feel morally superior (compassion is their claim) over the rest of us, but they acknowledge the need also for research on their side.

So how do they end up so far from reality? This well written piece shows us. The reasoning is respectable so far as it goes, but it stops well before it gets anywhere near the main issues. It misses the same point as is missed by the justice insiders generally.

It measures everything according to its potential to redeem the offender. Redemption is worth trying if it does not prejudice more necessary purposes. But the fate of particular offenders is trivial, when the proper measure of a justice system, indeed any social mechanism for inculcating and upholding norm observance, is the extent of offending overall. Recidivism rates may affect offending rates, but they are much less important than rates of recruitment to offending.

Most serial offenders and hardened criminals will never be redeemed. I’d like to see Kim Workman offer to take in some of these scum into his own home if he thinks they can be redeemed.

I suspect he’d baulk at that suggestion.

Almost all cultures rely heavily on reputation mechanisms to discourage the establishment of such patterns. They commonly involve exacting a price over the long term from individuals, their families, and communities that harbour them. They also commonly provide well recognised paths to discharge the shame burden, to demonstrate remorse. As Kim Workman acknowledges, Maori norm enforcement relied heavily on whakaama – shame. What he does not go on to acknowledge was the extent to which shame mechanisms need practical impacts and ‘stigmatization’. They depend on tangible consequences to shameful behaviour. Whakaama (shame) becomes irrelevant and toothless when it is separated from the consequences, when the forgiveness carrots are poured out in sackloads without any sticks of  ritual humiliation, group responsibility and formulaic depredaton (muru and utu)..

But well meaning ‘sickly white liberals’ (in Winston Peters’ memorable words) have gutted our law of its links with reputation sanctions. They’ve left the law struggling ineffectually to rely on formal punishments alone.

So Mr Workman, when you deplore the powerful trend toward more severity in punishments, when you rail against the lack of recognition of the truth that speed and certainty of consequence are much more important than severity in deterrence, take a look at your own responsibility. You’ve helped eliminate from our law the most powerful and speedy social sanctions of all at the critical time (in application to young people).

Rethinking Justice applauds the secrecy of our youth courts. You defend our disgraceful name suppression law. You supported the Clean Slate law. And in your blog you whine about the ordinary peoples’ rejection of the expert demand that criminal justice policy be left to experts. You exemplify the establishment’s comprehensive rejection of the reputation based natural social sanctions.

You genuinely believe you have research and reason on your side, but it is fatally limited. Your post on Paki takes the shame analysis no further than the effect of shame on rehabilitation prospects. Shame may inhibit rehabilitation for offenders outside a community with high social cohesion (i.e. where the social sanctions are presumably severe, and scope for collective redemptive support). But where is the consciousness of its importance to offending rates?

Read more »

Labour’s rape law plans will destroy your civil rights

Labour is hell bent on changing rape laws to put the onus on the accused to prove consent.

The Labour Party’s plan to reform the criminal justice system would mean that the accused in a rape case would have to prove consent to be found innocent — a change it acknowledges as a monumental shift.

But Labour’s justice spokesman Andrew Little said the current system is broken and in need of a major shake-up. The party favours an inquisitorial system, where a judge interviewed the alleged victim after conferring with prosecution and defence lawyers.

The policy would mean that in a rape case, if the Crown proved a sexual encounter and the identity of the defendant, it would be rape unless the defendant could prove it was consensual.

“The Crown has to prove more than just sex; the issue of consent has to be raised by the Crown, they have to prove the identity of the offender. They would have to bear that burden of proof before a switch to the defence to prove consent,” Mr Little said.

He said the issue of proof would only apply where allegations of rape had been raised.

“It is pretty radical thing to say that ‘all sex is rape’ unless you prove consent. The reality is that in 99.9 per cent of cases, no one is being asked to prove consent.”

Andrew Little is showing just how much of an idiot and book learning lawyer he is.

There would be a massive increase in rape convictions…the courts would be overflowing as this device was used by partners to get revenge.  Read more »

Face of the day

Now here is a judge that would not have let Prince Paki off.

We need more judges like this one.

Justice Simon Moore

Justice Simon Moore

An Opotiki man has been given the open-ended sentence of preventive detention for what a judge said was the protection of vulnerable women in particular and the community in general.

Justice Simon Moore imposed the lengthy prison term on Bligh Lawson Thompson, 48, in the High Court at Rotorua on Friday.

He ordered a minimum period of imprisonment of five years on each of the three charges Thompson faced – unlawful detention, sexual violation by rape and unlawful sexual connection. Thompson pleaded guilty to the charges as his trial was about to commence in April.

Justice Moore noted Thompson’s March 2013 offending against a young Opotiki woman he didn’t know was a virtual carbon copy of what he’d done to an Auckland woman 18 years earlier.

For that he’d been jailed for 9½ years, subsequently breaching his parole and being returned to prison.

-NZ Herald

When the system fails people get hurt

Summary from Internal Police memo

Summary from Internal Police memo

Last night TVNZ lead with a story about a Tauranga case where the Crown Solicitor opted for cost saving over public safety and basically let a rapist walk who (quite predictably) has now raped again.

The organisation charged with prosecuting criminals has been accused of allowing a violent offender to attack again.

Neihana Rangitonga has admitted kidnapping a woman for sex and threatening to kill her.

Now another woman who alleges she was an earlier victim says the handling of her case by Crown prosecutors meant another woman was attacked.

For nearly four years, the woman who claims she was an earlier victim has been monitoring news reports about sex attacks, wondering if the man she says attacked her had struck again.

“Anytime something happens in the news, I think about it, that memory,” she told ONE News.

Then last month, Rangitonga was arrested for abducting a 21-year-old student for sex and threatening to kill her.

He has pleaded guilty to picking her up from a Mount Maunganui Burger King drive through in the early hours of May 10 and trying to force her into sex.

The terrified woman managed to jump from his car and raise the alarm.

“If anyone didn’t believe me at the police station, I thought if they don’t believe me now they’ll know,” says the woman who alleges she was an earlier victim.

Four years earlier, Rangitonga was arrested and charged with raping and wounding this woman, who can’t be identified for legal reasons.

The pair met on a bus and she agreed to go to a park with him to take drugs.   Read more »