May serve just three years for murder
Marty Sharpe in the Dom Post reports:
A woman’s eight-year jail term for murdering her partner reflects the judiciary’s lack of understanding towards male victims of domestic violence, a men’s rights spokesman says.
Hastings GP Viv Roberts was commenting on Monday’s sentencing of Jacqueline Wihongi, 33, in the High Court at Napier.
The mother of six stabbed her partner of 17 years, Vivian Hirini, in the chest with a kitchen knife in June last year.
In sentencing, Justice John Wild said Wihongi had a tragic “history of victimhood” and it would have been “manifestly unjust” to have given her life imprisonment.
The couple had a violent relationship and frequently assaulted each other. Mr Hirini had been stabbed previously by Wihongi and had lost an eye when she hit him with a bottle. The court was shown a ringbinder containing about 500 pages of police reports on domestic callouts involving the couple.
Splitting up would seem rather sensible.
SIMILARITIES OF VIOLENT CRIMES
MALE
Bailey Gabriel Pirini, 38, of Kaikohe, pleaded guilty at his fifth court appearance to murdering his partner of six months, Lola Paraha, on January 13.
His daughter was present when he used an iron bar to kill Ms Paraha.
The pair had been drinking and started to argue.
Crown prosecutor Mike Smith said Pirini showed no remorse and tried to shift the blame to Paraha, saying she provoked him.
Defence lawyer Doug Blaikie said Pirini’s injuries indicated that he was attacked first. There was an intention to inflict injury rather than to kill, Mr Blaikie said.
Pirini suffered a head injury in a motorcycle accident in 1989.
In sentencing him to life imprisonment with a minimum non-parole period of 12 years, Justice Douglas White said Pirini had a history of violent offending and his actions could not be seen as self-defence.
FEMALE
Jacqueline Elaine Wihongi, 33, of Napier, was found guilty of murdering her partner of 17 years, Vivian Hirini, on June 5 last year.
The couple’s daughter was present when Wihongi fatally stabbed Hirini in the chest with a knife.
The pair had been drinking and started to argue.
There was a long history of violence between the pair. She had previously stabbed him and he had lost an eye when she hit him with a bottle.
Defence lawyer Russell Fairbrother said she “self-medicated” with alcohol after a tragic history of being raped several times and being the victim of a home invasion.
Wihongi still suffered from a brain injury after an overdose of painkillers when she was 13.
Justice John Wild said it would be manifestly unjust to sentence the mother of six to life imprisonment. She was sentenced to eight years’ jail and will be eligible to apply for parole after serving a third of her time.
She may be out in three years for murder. This was not a one off episode of self defence. She had stabbed him and partially blinded him previously.
The victim was no angel, but I do suspect if he had killed her, he would be doing life with 10 years non parole.
September 1st, 2010 at 2:00 pm
What’re you suggesting, DPF? That males when compared to females with similar histories who commit similar crimes tend to receive harsher sentences? Surely not. There couldn’t be a systematic bias, could there? Not against men! I thought we lived in a patriarchy![/sarcasm]
Has anybody actually researched this over and above making conclusions about individual cases? It seems a common theme which comes up and I’m inclined to think there’s some truth to it.
September 1st, 2010 at 2:11 pm
I visit womens prisons probably more often than I do mens. There are certainly women who’ve suffered a great deal of tragedy in their lives, but there are also many, many men whose backgraounds are equally tragic.
That we virtually never hear the same excuses trotted out by the judiciary for male-on-female violence (or indeed male-on-male violence) as we do when a female offends is a symptom of our society’s attitude to men. The rise of the co-called “metrosexual” has done nothing to change the prevailing view that men should bottle up and control their emotions, refrain from reacting to provocation, and “get over it” no matter what befalls them in life.
From the Family Court – a few days in which would horrify most fair-minded people, if they were ever alowed in – to the Supreme Court, the prevailing judicial prejudice is that men just need to suck it up, while most women are given the benefit of compassion and understanding.
I say “most” because I also see women, clearly mentall ill, imprisoned for something like infanticide, who deserved compassion and got none. But they’re the exception.
If a man had received a similar light sentence we’d be deafened by the SST, Crusher, Garrett and the rest wailing and gnashing teeth. Has there, I wonder, been a peep out of any of these stout defenders of victims?
September 1st, 2010 at 2:12 pm
Yes. Greg Newbold in “Crime in New Zealand”. If women want equality they are going to have to give up a few special privileges. Having a law that if a man assaults his partner he can be jailed up to 2 years whereas is a woman assaults her partner she can only be jailed up to 1 year send a message to the judiciary.
September 1st, 2010 at 2:18 pm
I don’t deny 3 years seems too little for killing someone. In my humble opinion.
But it’s an interesting argument this article takes: There are a whole lot of other unrelated cases of other women committing violent assaults, and some unrelated men committing some unrelated crimes received different sentences, therefore this woman has got off lightly.
September 1st, 2010 at 2:26 pm
The judge seems to have been sucked in a bit with this case, if the newspaper report is to be believed. It seems this woman had a normal, even happy, childhood but began to suffer adversity from the age of about 13.
This may sound harsh, but that’s not an excuse for murder, especially in the context of having caused previous GBH to the victim. I’ve met many people with tragic backgrounds who wouldn’t expect to be treated as though they have no control over themselves.
Substance abuse isn’t an excuse either. Let a man try alcohol abuse as a defence for rape and let’s see how far it gets him. Probably an extra year for cheek.
September 1st, 2010 at 3:06 pm
What kind of moron ( of either gender ) stays with someone who has previously stabbed them and taken their eye out with a broken bottle ? Got very limited sympathy for such a person and can’t help but think the gene pool would be better off without the both of them.
September 1st, 2010 at 3:14 pm
Indeed, PIA. I couldn’t help myself asking that either. Seems to me one of them was bound to be killed anyway.
It is pretty hard to compare either of those cases, especially not from newspaper sources. 17 years of abusive relationship from both sides vs. a 6 month relationship.
Some of the lawyers here will correct me if I am wrong, but it is a pretty high hurdle to come up with “manifestly unjust”. I doubt that simply being a woman would be enough.
September 1st, 2010 at 3:16 pm
Too late I am afraid. Multiple spawnings already occurred.
September 1st, 2010 at 4:12 pm
She had been a good mother and there was “a real prospect that you can be restored as a worthwhile member of society…
WTF 500 pages of police reports relating to domestic violence, can’t have sex without being drunk, cant socialise without being drunk, half blinded the father of most of her children with a broken bottle but she’s a good mother ..YEAH RIGHT
September 1st, 2010 at 4:26 pm
I think some comment was made that the Judge appeared to be re-acting to the fact that the defence of provocation was not no longer available. Society is enhanced by the absence of Hirini a Black Power member but not by the six little prospects he bred before expiring. In my view a more appropriate sentence would have been the eight years no parole.
September 1st, 2010 at 4:28 pm
Although it is an uncontrovertible fact that women have it easier than long suffering blokes I do think it is a bit of a stretch to compare two different cases and claim that “proves”, well, anything.
September 1st, 2010 at 7:09 pm
Perhaps it’s time for a undeniable fact, life isn’t fair. Sure we should always strive for fairer outcomes but its never going to happen. Any system designed by human beings will have faults, just the way it is. About all we can hope for is a better tomorrow but you can guarantee it won’t be perfect.
September 1st, 2010 at 7:20 pm
More blatant sexism from the judiciary who treat unlawful male gender discrimination as the norm.
Why do we fucking bother Doctor Viv?
How many forced male clients of the malicious and unfair Family Court killed themselves last year low life Boshier the Butcher?
You make me sick.
RIP – GOOD DADS.
September 1st, 2010 at 7:28 pm
Oh look the deranged pc wimpish girly eunuch Nutional Party have rejected the Fathers Coalition petition on behalf of men that died as a result of the criminal Family Court proceedings.Corrupt filth are everywhere .Blood on your hands your honour – you scum of the earth twisted pus laden creep.
September 1st, 2010 at 7:29 pm
Is John Key a man? I mean to say our judiciary and CYFS are more dangerous than Ruth Drinkson on the gin.
September 1st, 2010 at 9:29 pm
dad4justice:
Aimed at doing what, d4j? And when you say NACT rejected it, do you mean it was submitted as a petition to Parliament? Is there some news coverage of this somewhere?
September 1st, 2010 at 9:45 pm
Sorry Rex I should have explained the petition response from the Health Committee ( Petition 2008/74 of Craig Jackson on behalf of the Working Party on Suicide) clearly stated that the Ministry of Justice thinks the suicide rate for people involved in Family Court proceedings is similar to that of the general population. The Fathers Coalition has been fobbed off by a callous government more times than Peter has had toilet troubles. The government refuse to acknowledge unlawful gender discrimination saturated throughout the judiciary.
September 1st, 2010 at 10:27 pm
Well did anyone see Akld Mayoral candidate Simon Prast directly blame John Key for the suicide rate.
It was a problem before John key came along but I notice the PM is not defending himself.
Prast will never win the mayoralty but I wish e did to repeat himself from council chambers.
Unfortunately Kiwi’s don’t vote on issues. Otherwise he would be a shoe in.
But Hamiltonians are supporting the incumbent mayor based on nothing. They give no reason what so ever why they want him back. Butt hey complain about the rates, EW and a dying CBD.
Amazing.
September 1st, 2010 at 11:10 pm
@d4j: Is the suicide rate different?
September 2nd, 2010 at 7:19 am
Yes I believe the male suicide rate for forced litigants in the civil Family Court is far greater than what is experienced within the general population. Who wouldn’t kill themselves when you are told by sinister lawyers, twisted psychologists and bent judges that you are never going to see your children again. I know of several men who have taken the suicide is painless option, however nobody gives a fuck. This country deserves what’s coming to it!