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Thread ID: 100327 2009-06-04 01:57:00 Sometimes, judges actually get it right Peterj116 (6762) PC World Chat
Post ID Timestamp Content User
779522 2009-06-08 23:22:00 Twelvevolts: how do you explain this away as punitive?

Man jailed for sodomising daughter, 2
4:21PM Friday Apr 17, 2009

A Christchurch man who repeatedly sodomised his two-year-old daughter while she struggled and screamed was today jailed for 10 years.

Judge Phillip Moran in the Christchurch District Court ordered that the man serve a minimum non-parole term of six-and-a-half years.

His name cannot be published because it would identify the victim.

Crown prosecutor Dr Heather McKenzie said: "It is difficult to imagine worse offending on such a young child."

The offending came to light after his daughter complained of having a sore bottom and said the father had done it to her.

After being confronted by police he confessed he had abused his daughter on five occasions.

Judge Moran said the man's other child had been left lost and bewildered by the arrest and his wife had felt numb for months.

She was only beginning to get to grips with the reality of what had happened.

The judge said he took into account the defencelessness of the girl, the harm to her and the family, and magnitude of the breach of trust.

"That's mind-boggling."

Judge Moran said the man had offended at home when the wife was out working, and after he had been viewing internet child abuse pornography.

He had sodomised the girl even though she was distressed and in pain, "crying her frigging head off and screaming" as he later told police.

"If anybody from today ever supposes that possession of child pornography won't lead to actual offending, you are a good example (that it will)," said the judge.

www.nzherald.co.nz (www.nzherald.co.nz)


Jesus I get so pissed when I see people defending the judiciary!!!
Lovelee (6586)
779523 2009-06-08 23:32:00 Twelvevolts: how do you explain this away as punitive?

Man jailed for sodomising daughter, 2
4:21PM Friday Apr 17, 2009

A Christchurch man who repeatedly sodomised his two-year-old daughter while she struggled and screamed was today jailed for 10 years.

Judge Phillip Moran in the Christchurch District Court ordered that the man serve a minimum non-parole term of six-and-a-half years.

His name cannot be published because it would identify the victim.

Crown prosecutor Dr Heather McKenzie said: "It is difficult to imagine worse offending on such a young child."

The offending came to light after his daughter complained of having a sore bottom and said the father had done it to her.

After being confronted by police he confessed he had abused his daughter on five occasions.

Judge Moran said the man's other child had been left lost and bewildered by the arrest and his wife had felt numb for months.

She was only beginning to get to grips with the reality of what had happened.

The judge said he took into account the defencelessness of the girl, the harm to her and the family, and magnitude of the breach of trust.

"That's mind-boggling."

Judge Moran said the man had offended at home when the wife was out working, and after he had been viewing internet child abuse pornography.

He had sodomised the girl even though she was distressed and in pain, "crying her frigging head off and screaming" as he later told police.

"If anybody from today ever supposes that possession of child pornography won't lead to actual offending, you are a good example (that it will)," said the judge.

www.nzherald.co.nz (www.nzherald.co.nz)


Jesus I get so pissed when I see people defending the judiciary!!!

That's just sick. 6.5 years jail before parole is an insult to the victim - she'll still be at primary school when he gets out.
somebody (208)
779524 2009-06-09 00:43:00 Sick I agree that judge must be a mental case not fit to serve on the bench should be removed for misbehavior. Its the death sentence in some states of usa for rape and here its 6.5 years for raping a 2 year old. Quite incredible.
Only a sicko would reckon that sort of sentence ok.
prefect (6291)
779525 2009-06-10 05:41:00 One option I can't see going that far wrong, is the judge doing his thing, contemplating and whatnot, then coming up with 2-5 different sentances (diff. types, ie com service, prison, etc), then letting the victim decide.

Being beaten 7 ways from Tuesday should be an option too.
ubergeek85 (131)
779526 2009-06-10 11:16:00 Twelvevolts: how do you explain this away as punitive?

I don't know the facts of the case, haven't seen the pre-sentence report, heard the submissions made, nor would I know if the reporting is accurate. I don't even know what the maximum penalty for this is although I'd guess it is 14 years.

On the information provided it is an horrific crime, but the judge would start at the maximum, legally have to take into account the guilty plea, previous sentences for similar offences, mitigation etc. Hard to see how people blame the Judge for this, the Judge didn't create the maximun sentence or the case law etc.

Of course you will find sentences in New Zealand where most people would feel the sentence is light, but the overall approach of groups like the Sensible Sentencing Trust is likely to make crime worse. If the death penalty is really the answer why has it not had an impact on the murder rate in the US?.

These sort of cases test whatever system you'd like to set up to deal with it, I don't know how the daughter will deal with it when she grows up enough to comprehend it, but it is still possible she may want to know her father. Unfortunately these family cases are not a rarity, and where the victims are a little older, they will often say things like they don't want the father sent to jail. Judges have a really tough job, it isn't always as black and white as it is reported in the paper, and suggesting as has been suggested in this thread that the judge is a mental case, is just plain pathetic.
Twelvevolts (5457)
779527 2009-06-10 11:32:00 One option I can't see going that far wrong, is the judge doing his thing, contemplating and whatnot, then coming up with 2-5 different sentances (diff. types, ie com service, prison, etc), then letting the victim decide.

Being beaten 7 ways from Tuesday should be an option too.

In family cases the victim (where old enough) is often involved in the process, such as in emotional harm reparation reports. Often victims are less punitive than judges if involved in the process.

I've been through a Family Group conference now three times as a victim of burglary (two work and one home), and the type of process they use for young offenders is really good at providing the opportunity for the victim to have their say, and in my case to get reparation (which was paid).

I didn't really care how much community service was done, that part didn't help me as a victim.

And for the record, it is often assumed the Police don't investigate burglaries. We had the Burglary squad at the house for about three hours taking prints, photos and recording missing items. They caught up with them within a week.
Twelvevolts (5457)
779528 2009-06-11 07:21:00 Guy that killed Marie Davis got life imprisonment.

If he does rot in there for his entire life, then good on our justice system. Otherwise...
--Wolf-- (128)
779529 2009-06-11 07:28:00 Just hope he has a little fatal accident in jail. prefect (6291)
779530 2009-06-11 08:08:00 No, let him suffer. Hope someone rips him a new hole. --Wolf-- (128)
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