Public Address | Cafe | Legal Beagle: Crown appeals in criminal cases

Steve Barnes

Sun, 31 Aug 2014 13:13:23 +1200

Can anyone explain why the law keeps that particular ruminant rather than, say, a camel?Yeah, l know, l had to say it. Although a camel is a ruminant an ass is not. Which is why the law has no stomach for recidivists.

tussock

Sun, 31 Aug 2014 01:19:16 +1200

True, Steve. AFAICT, our justice system says that a rich man losing 100% of his high-status executive job is a bigger punishment than a poor man losing 100% of his flexible hours minimum wage job. The judges probably aren't free to ignore that.

In its majestic equality, the law forbids…

Steve Curtis

Fri, 29 Aug 2014 11:16:10 +1200

there's more good stuff in there too. Read it
I did, and this stands out:
I consider that there is a real and appreciable risk that your transition into adulthood, given your current prospects and educational ambitions.

"Current prospects" seems to translate into 'golden boy with rugby career'.

I had…

Keir Leslie

Thu, 28 Aug 2014 17:51:28 +1200

I agree that a lot of the concerns I have are mostly based in a general distrust of (Crown) appeals in criminal cases, in my case coupled with a general dislike of the whole concept of a discharge without conviction as way of mitigating the severity of the criminal justice.

Graeme Edgeler

Thu, 28 Aug 2014 17:03:15 +1200

The court has decided the offence didn't merit a conviction — and we don't let the Crown challenge that in general. So why should this one form of decision be challengeable?

To me, this seems more like a sentencing exercise than a conviction exercise. We let the Crown appeal "this…

tussock

Thu, 28 Aug 2014 15:41:56 +1200

https://www.courtsofnz.govt.nz/cases/r-v-m

The finding seems pretty strait forward. Because there's no causative link between the assault and the death, both crown and defence agreed that the death cannot be used in sentencing.

So it falls back on one kid finding his younger brother and another shaping up to fight, being egged…

Keir Leslie

Thu, 28 Aug 2014 14:51:04 +1200

I kinda don't think the Crown should be able to appeal a discharge without conviction. The court has decided the offence didn't merit a conviction — and we don't let the Crown challenge that in general. So why should this one form of decision be challengeable?

The fact you can…

Steve Curtis

Thu, 28 Aug 2014 14:30:54 +1200

Poor brown kids never get this sort of magic carpet ride out of the criminal justice system that these two brothers got. I wonder if the main factor that the judge has taken into account are sport related. They seem to be dazzled by the aura of those gifted at…

Rich of Observationz

Thu, 28 Aug 2014 13:56:30 +1200

While I'd agree that violence and bullying by children needs to be reduced, it's hard to judge where the full force of the criminal law needs to be brought to bear. If every kid who hits another ends up going through police action, suspension from school and a criminal record,…

Chris Waugh

Thu, 28 Aug 2014 13:46:29 +1200

If I go and tell them to stop and they say bugger off than what do I do?

Dial 111. Assault hasn't been made legal by this decision, has it?

mpledger

Thu, 28 Aug 2014 13:13:31 +1200

I'm quite annoyed at the judges decision in this case; particularly the aspect that it was only a playground fight.

College kids catch school buses outside where I work and one time a group of kids were hitting another kid. I decided that I couldn't stand by and do nothing…

Luther

Thu, 28 Aug 2014 12:43:03 +1200

From the same root thinking that gives us asinine.

http://www.phrases.org.uk/meanings/the-law-is-an-ass.html

Moz

Thu, 28 Aug 2014 11:13:24 +1200

It does seem odd – the law showing its ass for sure.

Can anyone explain why the law keeps that particular ruminant rather than, say, a camel? As metaphor "the law is a camel" strikes me as far more accurate, it's all teeth and kicking that requires skilled hands to…

Graeme Edgeler

Thu, 28 Aug 2014 10:46:06 +1200

Have now remembered I should have turned comments on. I hope the withdrawal wasn’t too bad :-)

Public Address

Thu, 28 Aug 2014 10:46:06 +1200

Discussion from blog post.