discharge without conviction

Guest post: Losi Filipo

losi-filipo-4-getty

I’m sure you’ve been keeping an eye on this Losi Filipo case.

Like most people, I was ready to lynch the kid on Monday. However…. the more I look at things and talk to people, the more some things don’t add up

There are two significant ‘issues’ with Mr Morgan’s story. Firstly – he was never in line for a Wellington contract. He was a middling club player and definitely no star. He also played No8 or blindside flanker, and there’s no shortage of them in Wellington. Tellingly he was never previously part of any grade side Read more »

NZ Herald editor believes a non-promising, essentially arseholey kid would also have been discharged

A promising young rugby player with a “glittering career” ahead of him has been given a discharge without conviction after admitting an assault on a man who was at a bar with his ex-girlfriend. The judge in the Wellington District Court said the consequences of a conviction would be out of proportion to the seriousness of the offence. …

Discharges without conviction are reasonably common for young first offenders for whom the shock of an arrest and prosecution might be sufficient to ensure they learn from a youthful mistake. But that should be the only ground on which a discharge is given.

To Teariki Ben-Nicholas, who played for New Zealand at under-20 level last year, Judge Peter Rollo said, “The information which is before me suggests you have every opportunity to pursue a professional rugby career at the top level, maybe even rising as far as the All Blacks if your development continues.” He also noted Ben-Nicholas was studying at university for a degree in law and commerce, “so I have the clear view that you are someone who should be given a second chance to reach your full potential without a conviction standing in the way of that”.

Exactly. ?Had he not been a “promising” person, he would not have had a discharge without conviction. ? Yet the Herald believes the same would be extended to anyone. ? Read more »

Another discharge without conviction for sexual assault

The parallels to NZ’s “Rolf Harris” are many. ?Did something wrong. ?On the scale of sexual assaults, it was at the softer end. ?Pleads guilty. ?Gets discharge without conviction. ?But that’s there the parallels end.

A former Blenheim priest has been discharged without conviction on a charge of indecent assault.

Former St Mary’s parish priest father Alastair Aidan Kay, 71, appeared in the Blenheim District Court this morning for sentencing on the charge against a male over 16, which he admitted in September.

His lawyer, Rob Harrison, argued the offending had been at the lower end of the scale, despite being a “gross breach of trust”.

Judge Bruce Davidson said by the narrowist of margins he was satisfied the consequences of a conviction would outweigh the gravity of the offending.
“This is a fairly low level indecent assault in itself, but of course is made worse by the substantial breach of trust not only to the complainant himself, but also his family and the wider church community,” he said.

The discharge was on the basis that Kay was to pay $1500 in emotional harm reparations to the victim, with an immediate payment of $1000 to be made, and the balance to be paid by December 12. Read more »