dud judge

No stern warning here, just a wet bus ticket

So this guy spends several months running an ATM skimming operation (HALF A MILLION DOLLARS), gets found guilty, gets ZERO jail time!

A man at the centre of a lucrative skimming ring that targeted users of Auckland ATM machines has escaped a prison sentence.

Ivaylo Valchev Terziivanov, 28, appeared at the Auckland District Court on Wednesday for sentencing on 64 joint charges relating to the skimming of ATM machines across Auckland.

His identity can now be revealed after a name suppression order lapsed.

Terziivanov and a co-accused, who is still before the courts, made off with almost $500,000 using counterfeit bank cards between late February and July 2014.

The pair were charged following an investigation by the police Financial Crime Unit and various banks.

Terziivanov’s lawyer Meg Scally told the court the offending came at a time when her client had just left his job, was at a loose end and doing drugs.

He had since made efforts to clean himself up, and had distanced himself from his former lifestyle, she said.   Read more »

Another Dud Judge

Another Dud Judge has cuddled a street thug instead of putting him behind bars.

This little ratbag is lucky he didn’t appear before Tony Adeane in the Hawkes Bay.

His young age and moving back with his parents has saved a man from jail for his involvement in a premeditated robbery that put the victim in hospital.

Luke Stowers, 19, was sentenced in Whangarei District Court this week after admitting aggravated robbery, theft and wilful damage.

Stowers and two associates attacked a man in Forum North carpark on June 3. The trio kicked and punched the man as he lay on the ground before running off with what they thought was cash from the victim’s pockets. The paper turned out to be bank statements.

The victim was in hospital for two nights.   Read more »

Dud judge goes soft on drop kick crim

Rest assured if you get convicted and sentenced to community work, just tell them you’re not in the mood and the impotent judge will now say: “OK dearie, run along now.”

A man who didn’t do community work because he was in “bad and low moods” has had his sentence cut after a judge decided it was more trouble than it was worth.

Daniel Robertson represented himself when he appeared before Judge Josephine Bouchier in Napier District Court on Wednesday on a charge of failing to report for community work.

Robertson, 25, told the judge he was guilty “but I’ve got an excuse for not going”.

The judge read from a probation officer’s report which said Robertson had been sentenced to 40 hours community work after being convicted of shoplifting.   Read more »

Crim hugging halfwit QC defends dud judge

The other day I wrote about a dud judge buying the sob story of a vicious little thug.

Yesterday a crim-hugging halfwit QC rushed to defend the dud judge…and he thinks judges should never be criticised.

A Queen’s Counsel has defended a judge after claims she gave a “pathetic sentence” to a teenager who brutally beat a man and left him for dead in central Havelock North.

Russell Fairbrother QC said in a letter to Hawke’s Bay Today yesterday that comments by Sensible Sentencing Trust spokesman Garth McVicar about Judge Bridget Mackintosh were “wrong”.

Mr McVicar said the sentence imposed on Jacob Broderick was a “slap in the face” for the victim and that Judge Mackintosh had “given some of the most pathetic sentences this country has seen”.

Broderick, 18, was sentenced to four months’ community detention, 200 hours’ community work and nine months’ supervision in the Hastings District Court on Wednesday for his part in an unprovoked assault on a 33-year-old man in the early hours of August 3 last year.

Described as a “thug” by the victim’s sister, Broderick did not face the same fate as his co-attacker, Falcon Kaine Walsh, who was jailed for two years and six months by Judge Tony Adeane.

Thug walks free, we translate his weasel excuses

A Hastings thug has walked free after a dud judge bought his weasel excuses.

A Hastings man, beaten and left for dead during an unprovoked and brutal attack, is in “total dismay and disbelief” after a “thug” teen avoided jail time.

Jacob Patrick Broderick, 18, was sentenced at Hastings District Court yesterday after leaving a now 33-year-old man bloodied and unresponsive outside the clock tower public toilets on Te Aute Rd last year.

Broderick was sentenced to four months’ community detention, 200 hours’ community work and nine months’ supervision.

His guilty plea to a charge of injuring with intent to injure came after his friend and co-attacker, Falcon Kaine Walsh, was jailed for two years and six months for his part in the bashing on August 3 last year.

Following the sentencing, the victim’s sister said she felt “let down by the system” and worried that a “thug” was allowed to walk the streets.

Judge Bridget Mackintosh said Broderick was a “talented sportsman”, had performed well at school and the attack appeared “out of character”. He had been a Hawke’s Bay junior cricket representative.

Judge Mackintosh said there had been a “developmental block in the brain, which is apparent by this kind of conduct”.

Read more »

Judges need to harden up

If we can get done for one kilometer over the speed limit, why is a doctor getting away with being four times over the drink driving limit?

A doctor living in Blenheim has been discharged without conviction after she was caught drink-driving at more than four times the legal limit.

Wendy Louise McDonald Florence, 50, appeared in the Blenheim District Court for sentencing on the charge last Monday, after driving with a blood-alcohol level of 326 milligrams of alcohol per 100 millilitres of blood on September 8.

The legal limit at the time was 80mg, and is now 50mg.

Her lawyer Rob Harrison argued for a discharge without conviction on her behalf.

Florence was a qualified doctor in the United States, but had spent some time as a stay-at-home mother of her children in Blenheim, he said.

She intended to become a registered doctor in New Zealand, which would require a refresher course in the States, followed by a supervised training programme in New Zealand.

Harrison told the court his client had been a sober alcoholic for 10 years.

Bulldust.  There’s a lie in court right there.   The odds of a alcie going off the wagon for the first time, that spectacularly and getting caught drink driving are minuscule.    Read more »

It appears you can buy justice in NZ now

It appears you can buy justice in NZ, and it only costs you $30,000 to avoid a conviction for drug dealing.

The gangs will be so pleased to know this.

An online personal trainer who pleaded guilty to drug dealing will be discharged without conviction after arguing he had become a “brand” since his offending.

Josef Rakich, 23, the owner of JosefRakichFitness.com, appeared for sentence in the High Court in Auckland today after pleading guilty to selling and conspiring to sell the Ecstasy-like drug mephedrone.

Justice Ailsa Duffy said she would discharge Rakich without conviction after defence lawyer Adam Couchman pointed out that the offending occurred in 2011 but his client was not arrested until 2013.

The drug dealing occurred “when he was 20 years old with nothing”, Couchman said.

Since then, Rakich had built a successful and lucrative on-line personal-training and menu-plan business that employed seven people.

“The defendant is his own brand. It’s him that people want to see,” Couchman said.   Read more »

Sex crime former cop gets name suppression from dud judge

Some judges, precious few in my opinion, are good, others are crim hugging do-gooders who do more harm than good.

One such do-gooding dud judge has given name suppression to a former cop whose crimes were described by the judge thus:

Judge Tony Zohrab said the victim impact statement made for “distressing reading” and the woman had suffered significant emotional damage because of the offending.

“She describes the nervousness and the fear she feels living in a remote area as a consequence of this incident,” he said.

What was the crime?

A former police officer who carried a woman into bushes and indecently assaulted her has been granted permanent name suppression.

The man, who was not a Nelson officer, appeared in the Nelson District Court for sentencing yesterday on charges of indecently assaulting a woman and performing an indecent act in September 2011.

The man was in Nelson for a colleague’s stag party when he met a woman he went to school with in a bar, said the police summary of facts.

They arranged to meet for a drink after she had finished work.

After the meeting, she offered to drop him off in central Nelson, near Queens Gardens.

As they were saying goodbye the man, who was a police officer at the time, kissed her, forcing his tongue into her mouth and pressing her into the seat.

The woman pushed him off and got out of the car.

He followed, hugged her, picked her up around the waist and carried her into bushes, where he took off his pants and forced her to touch his genitals.

The offending took place on September 24, 2011.

 

And why did the Judge give this scumbag name suppression?

The judge said name suppression was justified because further publicity about the offending would cause extreme hardship for the defendant’s wife and children.

The man and his wife were in “fragile” mental states following previous criminal proceedings, he said.

“This is one of those situations where a merciful approach should be taken, despite the nature of the offending which reflects poorly on you.” Any details that might identify him were suppressed.

A merciful approach?

The guy is s criminal and hounded and sexually assaulted a woman who now lives in fear with her own fragile state and the judge thinks only of the crim.

We don’t have a justice system…we have a legal system.

 

– Fairfax

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Another Dud Judge

There is something seriously wrong with our judiciary.

They seem to be filled with liberal panty-waist types who think crims just need a hug instead of a good long stretch.

This dud judge has said that jail wouldn’t have a “positive effect” on a thug who nearly killed someone with a punch to the head.

I’m not kidding.

It might sound unlikely – the victim of a “king hit” who suffered life-threatening injuries ends up incarcerated while his attacker avoids jail time.

But that is exactly what happened in Auckland District Court yesterday.

Napier labourer Mathew Papa, 22, was out drinking at Cassette Nine on Auckland’s Vulcan Lane on February 7 when he took exception to another reveller’s actions.

Papa blindsided the 25-year-old victim with a punch to the right side of his face, knocking him unconscious on the dancefloor.

The DJ saw the fracas and alerted the bar manager who in turn told bouncers.

They followed the fleeing offender down Queen St and got in touch with police who were able to trace him via CCTV.

When officers caught up with him, Papa was in a car park trying to change out of his bloody clothes in a bid to evade arrest.

Meanwhile, the victim was being rushed to hospital with life-threatening injuries.

Though police argued Papa should be sentenced to a term of imprisonment, Judge Russell Collins decided that unlikely have a positive effect.

Read more »

A dud judge

Time and again we are seeing dud judges going soft on criminals.

We have highlighted Justice Helen Winkelmann before and her inconsistencies.

But yesterday she had an absolute shocker.

Burying your son after a brutal beating is every parent’s worst nightmare.

Seeing the attackers walk free, despite an admission of guilt, is Mona and Brent Dudleys’ reality.

The West Auckland family, who lost their “kind-hearted” 15-year-old boy Stephen in June last year, are reeling from a judge’s decision not to convict the teen who assaulted him before his death.

The 18-year-old, whose name is permanently suppressed, attacked Stephen after a rugby practice – punching him in the neck and continuing the attack while Stephen was on the ground.

Justice Helen Winkelmann’s decision to grant the teen a discharge without conviction prompted an angry outburst from the Dudleys in court yesterday.   Read more »