Winter 2010 Newsletter
Winter 2010 The Unpublished Electoral Roll
- a copy of a Family Court protection order
- a copy of a restraining order under the Harassment Act 1997
- a statutory declaration by a police officer stating your personal safety or that of your family may be prejudiced by publication in the roll
- a letter from someone with personal knowledge of your circumstances stating the personal safety of you or your family may be at risk if publication on the roll proceeds. An acceptable letter writer may be your employer, lawyer or justice of the peace.
Criminal Recovery (Proceeds) Act 2009
New Tax Rates
Three Strikes Law
- Strike one occurs when the offender commits the first qualifying offence. The offender will receive the standard sentence and a first warning.
- Strike two occurs if the offender commits another qualifying offence. The offender must serve the sentence without parole and will receive a second warning.
- Strike three occurs if the offender commits a third qualifying offence. The offender must be sentenced to the maximum sentence for that offence with no parole.
For murder and manslaughter the maximum sentence will be life imprisonment. For aggravated robbery, kidnapping, and attempted murder the maximum sentence will be 14 years, and for sexual violation 20 years. For the second and third strikes these sentences will be served without eligibility for parole. Preventative detention will still be available if a longer sentence is required. Supporters argue the new law will improve public safety by locking up offenders for a longer period and improve public confidence in the justice system. It is also said the new law will relieve victims of the stress of attending parole hearings, and the anxiety and uncertainty of not knowing when offenders will be released on parole. Critics argue that the ‘three strikes’ law will take away judicial discretion and ignore factors which should be considered when assessing sentencing such as premeditation, an early guilty plea, and an offender who is remorseful. Dr Richard Ekins, Senior Lecturer at Auckland University’s Faculty of Law, has highlighted instances where inconsistencies may occur:
- Two men who commit an unpremeditated aggravated street robbery would ordinarily receive a sentence of 18 months to 3 years. If one of the men has previously had two strikes then he has to be sentenced to 14 years in prison – the maximum penalty for aggravated robbery.
- An armed robber, with no prior convictions, may brutally assault a victim while his accomplice, with two previous strikes, may be merely the getaway driver. In sentencing, the judge will have no discretion with the getaway driver – he will receive the maximum sentence with no parole while the armed robber may comparatively be punished less severely.
No doubt there will be ongoing debate about the merits and efficacy of the ‘three strikes’ law into the future. Watch this space for updates.
Snippets
The Case of the Nude Cyclist
A committed cyclist and naturalist convicted of offensive behaviour for cycling while nude, (wearing only a helmet and a heart rate monitor) recently successfully appealed his conviction.
The High Court held that ‘offensive behaviour’ is behaviour which involves ‘substantial offence’ and ‘arouses anger, resentment, disgust or outrage’.
The Judge held that, in this particular case, the cyclist’s actions did not meet the necessary threshold because the complainant was only ‘quite’ disgusted.
It was also relevant that it occurred on a relatively quiet rural road and the complainant confirmed that she had not been able to see the cyclist’s genitals. The opportunity for exposure to his nakedness would therefore be considerably less than would be the case, for example, when a person walks naked along a suburban street.
The Judge emphasised this does not mean that nude cycling cannot constitute offensive behaviour. In other circumstances, the Court would consider whether the behaviour may arouse real anger, resentment, disgust or outrage in the mind of a reasonable person. It is a question to be assessed on the particular facts of each case.
Unfair Parking Ticket
Received a parking ticket? If so, read the ticket carefully to ensure all the details are correct including:
- make, model and registration number of the vehicle
- description of the location of the ticketed vehicle
Next look for any signs in the vicinity relating to the car park to ensure any signs are clear and unambiguous.
If details of the parking ticket are incorrect or signs, including yellow lines, are unclear for any reason, you may have grounds to apply to have the ticket overturned.
Driving Disqualification
A driving disqualification may be more draconian than you think. A disqualified Taranaki driver was recently having some motorised fun in a friend’s golf cart, on the verge of a state highway, when he was spotted by the long arm (eye) of the law. A conviction for driving while suspended quickly followed.
The moral of the story is that anything with a motor should be avoided – even if the maximum speed is 10k!
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