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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 | ||
| 779502 | 2009-06-04 01:57:00 | Appeals by two youths jailed for bashing a 14-year-old have been rejected, with the pair told they were lucky not to get longer. In January, Christchurch District Court Judge Colin Doherty jailed Harley Ehekera Tapine for seven years and Jamie Junior Karlytsky for six after they were convicted of wounding with intent to cause grievous bodily harm. The pair approached six boys and girls, all aged 14, walking through Linwood Park in the early hours of April 12 last year. Tapine threatened one of the boys and grabbed his cellphone. He punched the boy several times in the head, knocking him to the ground, before kicking him repeatedly. The victim pulled a knife, stabbing Tapine and an 18-year-old woman who was with him. Both received only minor cuts which required no treatment. Tapine became angry and knocked the boy down again, dragging him to a nearby basketball court where he subjected him to "a prolonged, vicious assault, punching, elbowing, kicking and stepping on him as he lay on the concrete", Judge Doherty said during sentencing. Karlytsky joined in kicking the victim about the head and body. He eventually stopped, but Tapine continued the attack before demanding the victim's hoodie -- although it was believed the boy was unconscious by this time. The boy was hospitalised with swelling to the brain, cracked teeth, eyes swollen closed, and bruising to his head, arms, and torso. In the Court of Appeal both claimed the victim's actions had not been taken into account, and said their ages warranted bigger discounts. But Justice Ronald Young said six years was "well within the range available to the judge and, if anything, on the modest side" The bulk of offending occurred after the boy had been disarmed, and Karlytsky had never even been threatened with the knife. "As to the matter of youth, neither of you is youthful in the sense of experience in the criminal courts..." :cool: |
Peterj116 (6762) | ||
| 779503 | 2009-06-04 03:14:00 | Good stuff need more judges with a spine like this one. Judges who give low sentences should be removed from the bench by the Justice minister. |
prefect (6291) | ||
| 779504 | 2009-06-04 03:24:00 | Good stuff need more judges with a spine like this one. Judges who give low sentences should be removed from the bench by the Justice minister. That is tantamount to political interference in the judicial system - something that you would definitely NOT want. I don't believe the politicians have any say whatsoever in who is, or should remain, a judge. Winston or another legal beagle might be able to shed light on this... |
johcar (6283) | ||
| 779505 | 2009-06-04 06:11:00 | Good stuff need more judges with a spine like this one. Judges who give low sentences should be removed from the bench by the Justice minister. Judges of the High Court in New Zealand have tenure - that is to say, they cannot be removed from their positions unless by an address of the House of Representatives and that only for misbehaviour or because of incapacity to discharge the duties of office - so basically a law has to be passed by parliament to remove a judge. So far this has not happened in New Zealand. Also, their salaries cannot be reduced in their lifetime. The Justice Minister cannot interfere with the judiciary in any way - this is because of the constitutional convention known as the separation of powers. It also means that judges cannot run for public office or take part in political campaigning. |
Deane F (8204) | ||
| 779506 | 2009-06-05 03:29:00 | This is why I always try to carry a bigger instrument of behaviour enforcement. At the moment, I usually carry a small hunting knife with me at all times. As bad as that is, I'd rather be up for manslaughter or murder, than dead, or simply having no defence against random nutters, like this. |
ubergeek85 (131) | ||
| 779507 | 2009-06-05 03:39:00 | Giving out idiotic low sentences qualifies as misbehavior. | prefect (6291) | ||
| 779508 | 2009-06-05 11:54:00 | Giving out idiotic low sentences qualifies as misbehavior. New Zealand has if anything one of the most punitive Court systems in the Western world. The constant ranting about light sentences is mostly uninformed crap. Judging by the comments on here, most people don't actually understand that the Judiciary don't actually make the laws in this country and have most likely never seen a Court in operation. |
Twelvevolts (5457) | ||
| 779509 | 2009-06-05 19:33:00 | The problem is the judges dont use the maximum sentence when it is required which should be most of the time. If you think about 14 years in the slammer for murder is the most punitive in the western world you are in ga ga land. Some Western countries use the death penalty which is slightly more severe than a decade and a half in jail. |
prefect (6291) | ||
| 779510 | 2009-06-05 20:59:00 | news.bbc.co.uk Heres tuff man in usa sentenced to death for lighting a fire. |
prefect (6291) | ||
| 779511 | 2009-06-05 21:43:00 | news.bbc.co.uk Heres tuff man in usa sentenced to death for lighting a fire. And the trial in that case only took a month - not three!! What are we doing wrong here in NZ? |
johcar (6283) | ||
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