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Seems like another case of New Zealand judges thinking they don't have to enforce the law!
You read what this fucker did to receive his third strike and yet the judge believes it would be, "a manifestly unjust or grossly disproportionate penalty for the defendant".
The Law does not say, "if it would be a bit mean". It says "manifestly unjust".
The judge needs to go back to the fourth form and do some reading comprehension! And then do a refresher course of The Law and the role of the judiciary to enforce what is written!
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When it's bang to rights like this, it starts to become harder to argue against capital punishment.
It would also solve the over population problem in prisons. Oh wait Labour wants to reduce the prison population, so guess what, Dylyn could be coming to a place near you.
Like that mofo that ran over that poor woman (Blessie) in Auckland while on home detention, raped her and then cut her throat. That is an horrifically cruel and senseless crime.
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@chris-b said in NZ justice system 2.0:
Seems like another case of New Zealand judges thinking they don't have to enforce the law!
You read what this fucker did to receive his third strike and yet the judge believes it would be, "a manifestly unjust or grossly disproportionate penalty for the defendant".
The Law does not say, "if it would be a bit mean". It says "manifestly unjust".
The judge needs to go back to the fourth form and do some reading comprehension! And then do a refresher course of The Law and the role of the judiciary to enforce what is written!
Apparently beating a young woman to death inflicting injuries you would assume came from a weapon rather than bare fists and leaving her to die a horrible painful death isnt enough.
Maybe he’s just misunderstood and needs more hugs??A Bullet to the head is too good for this piece of shit
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scum like this have no place breathing air
"I choked the bitch. She had it coming," he told him.
The associate asked him if he was sure she was dead.
Davis replied: "I made sure I finished the job. I was choking her out while she was gargling on her blood -
Good work, Winston!
And Fuck you, Little!
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@chris-b said in NZ justice system 2.0:
Good work, Winston!
And Fuck you, Little!
Gutted.
The more nails in this govt coffin the better. This will have been politically insane. Not quite as stupid as the oil and gas ban... But close.
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@godder said in NZ justice system 2.0:
@Virgil said in NZ justice system 2.0:
Why would a sane 'innocent' person want that gun back?
He's gone to the trouble of moving to Oz and changing his name. What's he going to do with it, display it on his mantle piece or use it to freak out his new family.At a guess, because it was his father's, and there's probably not much else left if he wants a memento. A bit macabre, granted.
All psychos like to keep trophies
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@baron-silas-greenback I'm a bit more open to sitting back and letting them do their stuff and judging them at the end of their term. A bit like Trump, really.
But, this on this one, Little would have got a massive black mark. He's got thousands of people to concentrate on rehabilitating - and he gets three goes at it. After that, these seriously bad bastards belong to those who want to take a hard line.
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@chris-b said in NZ justice system 2.0:
@baron-silas-greenback I'm a bit more open to sitting back and letting them do their stuff and judging them at the end of their term. A bit like Trump, really.
But, this on this one, Little would have got a massive black mark. He's got thousands of people to concentrate on rehabilitating - and he gets three goes at it. After that, these seriously bad bastards belong to those who want to take a hard line.
The strikes aren't like the shitty US ones - they have to be pretty serious in order to get nailed.
It seems to me there is a disconnect between how people think the justice system plays out, and how it actually does. SO few of the people in the system are there for the first time - hence the way Queenstown Businessman gets treated for snapping and smacking someone. The judges must just see people in front of them all day, every day with rap sheets as long as your arm.
Kiwiblog's series on second strikers is no doubt cherry picked, but very very telling. People getting pinged while on bail for the first strike ... it's scary shit.
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@nzzp Even when people are racking up the three strikes, the judges are weakly using their discretion to bail out. I don't think the three strikes have been properly enforced by any judge yet - even for that arsehole discussed on the previous page.
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I can't help feeling that some offences, say those involving grievous bodily harm resulting in death like wankstain above, shouldn't be 'a' strike, but 'THE' strike.
Also, it is seriously troubling when you read these articles on the worst of the worst, how long the rap sheet is, how often bail was violated - and how quickly.
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In this day and age given the technology we have, the tools we have how hard is it to work out which crimes are at a higher risk of reoffending ( and are unlikely of being rehabilitated) and which crimes are mild enough that there’s a good chance of turning that person around?
Factor in age of the crim too.
I like just as much as anyone to lock any shit up and throw away the key even for the smallest of crimes but i wonder how many troubled kids who act out of boredom and do a break in because of hanging out with the wrong mates, end up growing worse in attitude because they weren’t given a chance or the right tools to make a decent life for themselves?
Yet we have types who clearly will never be a functioning part of society, and will always be a ticking time bomb but some fuck head judge takes pity on him and let’s him out. Like that piece of shit earlier in this thread -
@mokey The death penalty has got some things to recommend it. Not really a saleable proposition in this day and age in NZ though. Three strikes might be the best we can hope for.
Seems to me that some crimes are just so awful that they can never be atoned for and genuine remorse would result in the perpetrator simply topping him/herself.
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@chris-b There are certain cases when I think a bullet to to the head would be a win-win for both avoiding the cost of incarceration, and protecting society from a true sack of shit. Like that man on the Stuff? thread who was the prison informer/murderer/sexual assaulter/robber etc etc who got fucking ACC money for getting injured attempting to escape from prison. Or the guy in Shield Snorters who kidnapped that lady jogger and raped, beat and stabbed her to death then drove around with her in the boot of his car.
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@taniwharugby said in NZ justice system 2.0:
@chris-b see if they got a bullet, we might end up with a shortage
If you like them up close enough I reckon you could get multiple kills with one bullet
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I don't think it will be a surprise to anyone that I don't think much of the 3 strike legislation, any more than I did when it was enacted as I said here at the time.
It doesn't do any more than the Sentencing Act 2002 did then or now, particularly since Preventive Detention gives the option of never releasing particularly dangerous criminals after 2 offenses, and being able to recall them for life if they do overstep later.
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@godder So you're on the Death Penalty train as well, Godder?
I guess one thing that it does is send a clear message to criminals as they accumulate their strikes - well, it would do if the judiciary didn't keep bailing out from enforcing the law under the "manifestly unjust" clause.
NZ justice system 2.0