The cost of breaking home detention
December 22nd, 2010 at 10:00 am by David FarrarThe Herald reports:
Waiariki MP Te Ururoa Flavell has criticised a Rotorua judge for sending a teenager to prison for 12 months for breaching a sentence of home detention.
Last week Judge Phillip Cooper sentenced Mere Ohlson, 17, to jail after she breached her home detention by cutting off her ankle bracelet and leaving the address where she was supposed to be serving her sentence. She was arrested four days later.
Mr Flavell said he was shocked at the sentence and the judge had other options including sentencing the teenager to some form of rehabilitation instead of spending $100,000 of taxpayers’ money to keep her in prison. …
Ohlson was initially sentenced in September to six months’ home detention and 200 hours’ community work for her part in the robbery of Jeram’s Superette in March.
Ohlson went into the store with two others pretending to have a gun and demanding cigarettes and cash from the owner’s son.
I have to disagree with Mr Flavell on this case. Ohlson was effectively given a second chance and an opportunity to rehabilitate by being given home detention. Home detention is 100 times more preferable than prison, yet she threw away that privilege by cutting the braclet off.
It is no surprise that the Judge then had to go to a custodial sentence, after she effectively rejected the easy option of home detention.
Related posts:
- High risk and violent but on home detention
- Preventative Detention
- Why just home detention?
- Tapu Misa on Emery sentence
December 22nd, 2010 at 10:05 am
Apprently sending crims to their rooms for a time out isn’t working.
Damn didn’t see that coming.
Vote:December 22nd, 2010 at 10:12 am
We’re sorry, Te Ururoa, but the law of the land applies to Sistas as well as everyone else. Not just Honkey.
Little POS might have considered not robbing someone and making them fear for their life in the first place.
Vote:December 22nd, 2010 at 10:22 am
action > reaction = consequence. Nice one, doesn’t happen often enough.
Vote:December 22nd, 2010 at 10:22 am
why are we surprised that Flavell is on the side of this thief .. his leaders endorse gangs and taggers so??
Vote:December 22nd, 2010 at 10:25 am
Contempt of the Courts is not acceptable in most societies and is usually treated harshly. Well done Judge Cooper.
Vote:December 22nd, 2010 at 10:26 am
And the problem is?
Vote:December 22nd, 2010 at 10:29 am
As said in today’s GD, Flavell is just another bleeding heart and soft-touch meddling politician trying to protect his whanau.
Vote:A disgraceful sense of racial loyalty, maybe?
December 22nd, 2010 at 10:42 am
I would love to see Hotchin given an ankle bracelet
Vote:December 22nd, 2010 at 10:46 am
yeah, lets water down the courts again and give people 2nd/3rd/99th… chances.
If anything, I’d like to build more jails to contain those who flee police, drunk drivers, burglars thieves and taggers. These people seem to ratchet up hundreds of offences sometimes. Better they were not born in the first place.
Broken windows is a top policy.
Vote:December 22nd, 2010 at 10:49 am
Understatement of the fucking century there, DPF.
There are very few instances where home detention is an appropriate sentence, yet the liberal hand-wringers that sit in Courts throughout New Zealand insist on abusing it for these types of crimes. Sending tomorrow’s rapists and murderers to the naughty chair is clearly working, ain’t it!
Flavell exposes (yet again) what a disgraceful sham the apartheid party really is. Flavell, Turia, Sharples, Hadfield. Scumbag racists all.
I wonder what would have been the reaction from the panty-waists and hand-wringers had the shop-keeper mistakenly believed this oxygen thief really *did* have a gun, and reacted the same way as a certain store-owner in Texas?
Vote:(http://www.foxnews.com/us/2010/12/17/houston-store-owner-kills-robbers/?test=latestnews) – Hat-tip KG
I guess we all know what the reaction would have been.
December 22nd, 2010 at 10:50 am
A prison term should be the default consequence of breaching home detention conditions.
Vote:December 22nd, 2010 at 10:53 am
It is regrettable the media publish such comments because it merely serves to embolden the attitudes amongst offenders and their wider family that they have some politician in their corner willing to champion their criminal behaviour.
Instead, Flavill should be denouncing the child’s criminal offending and subsequent breach of her sentence.
Will Flavill be issuing a press statement condemning the two parents responsible for abusing their 9 year-old daughter. Will he be publicly damming this couple for putting the taxpayer to the enormous expense of prosecuting the parents, imprisoning them (as they will surely be), the cost of re-homing the girl, paying for her care and the tens of thousands of dollars that welfare agencies are going to have to spend over the coming years on repairing this girls mind and body?
We are waiting for your press release on this taxpayer expense Mr Flavill. That is, if you are to be consistent in your concern for how taxpayer money is spent on your people.
Vote:December 22nd, 2010 at 10:55 am
Because the comparatively inconsequential punishment was working as a deterrent. Fuckwit.
Vote:December 22nd, 2010 at 10:59 am
Um, it would be fairly extraordinary circumstances were a breach of Home D so flagrant did not result in a full time custodial sentence. It is worth remembering that the “test” for Home D is whether a short term prison sentence (under 2 years) would be imposed and then whether Home D is suitable. So in effect the person has been given a prison term but in the least restrictive manner so the result of non compliance should be fairly obvious.
Vote:December 22nd, 2010 at 11:00 am
You cant reason with morons like Flavell and their supporters. As far as they are concerned blacks white because they say so.
Best to tell them to FOXTROT OSCAR and let the grown ups deal with these matters.
Vote:December 22nd, 2010 at 11:17 am
What the hell is a politician doing criticising the courts. Independance of the courts is a cornerstone of our democratic system…. Ohh thats rights Flavell and his like dont want our democratic system.
In my opinion, this should be a standard thing….. Break the priveledge of home detention…go to jail. Breach bail conditions….be remanded in custody. Break parole conditions….recalled to prison to complete sentence. All very simple really.
Vote:December 22nd, 2010 at 11:36 am
sthn.jeff – it is a standard thing. Breach HD and the presumption is bin. For non bin it needs to be something relatively minor such as being 5 minutes late from an approved absence.
Vote:December 22nd, 2010 at 11:37 am
Unfortunately Judge Cooper is likely to receive the same type of condemnation from her senior judges.
Vote:December 22nd, 2010 at 12:02 pm
Wait till the Constitutional review recommends a seperate Court…
Vote:December 22nd, 2010 at 12:38 pm
Yes, I would have expected more home detention, seeing as it worked so well. Oh, and by-the-way, I don’t mind my taxes being used to fix the damaged ankle bracelet. I don’t see why this poor girl should have to pay for it – just put it on my tab.
Vote:December 22nd, 2010 at 12:40 pm
A heavy shackle and chain anchored to a 1/2 ton cement block would be both cheaper and more effective tristanb.
Vote:December 22nd, 2010 at 12:46 pm
“Shocked”? “Dissapointed but understanding” would be acceptable. I can see why someone might want to give this person a second chance (we really do need to keep people out of crime university if at all possible), but to be shocked at this makes Flavell seem like he has a rather loose grip on reality.
Vote:December 22nd, 2010 at 12:47 pm
No problem with her being chucked in the clink for twelve months.
But, one of the three who ripped old people off costing millions getting gets home detention because what, he wore a tie while committing a crime ?
So should we have a bit of equality in so called justice, or should white collar criminals get an easy ride ?
Vote:December 22nd, 2010 at 12:55 pm
@goh
A bit out of context there GOH.
The offender in question DID get off leniently and choose to piss that opportunity away.
If said white collar criminal did the same I expect the result would be no different.
I therefore fail to see any socio-economic bias here?
Vote:December 22nd, 2010 at 1:01 pm
So should we have a bit of equality in so called justice, or should white collar criminals get an easy ride ?
Mr “I can’t live on $1,000″ is being persued in the civil courts.
Vote:December 22nd, 2010 at 1:02 pm
I would like to think that a Judge’s response to any particular act of criminality is based solely on the law as it relates to said criminality, and not out of any ephemeral desire to be a social leveller and pursue abstract concepts of “equality”.
Is there any specific reason at all why we should suspect this isn’t what has happened?
The criminal robbed a shop with what the victim believed was a weapon that could have been used to kill him at any moment, for goodness’ sake. The criminal should have considered herself lucky not to be in jail right from day one IMHO.
Vote:December 22nd, 2010 at 2:08 pm
Te Ururoa Flavell called it wrong this time,Mere Ohlson was given a second chance with “home d” but couldn’t help herself and broke the curfew. Judge Phillip Cooper called it right in sentencing Ohlson to 12 months in prison as a consequence to Ohlson actions.
Vote:If Mere Ohlson was a couple of years older her sentence of preventive detention would be longer, in the 2 years ,6 months range therefore her sentence was consistent with her age and possibly her record.
December 22nd, 2010 at 3:23 pm
Surprising as it may seem, I’m in agreement with the “lock ‘em up and throw away the key” brigade on this, but for a different reason.
Home detention is an effective sentence for many. It’s also a privilege. If you’re granted it and abuse it you’re providing ammunition with which to attack everyone who’s granted it and who does the right thing and completes their sentence without incident (and who therefore never make it to the papers, thus allowing sweeping and ignoirant generalisations like “sending them to their room for time out isn’t working”).
If you flagrantly breach home detention you’re screwing it up for everyone who follows you. So off to jail with you, definitely.
Vote:December 22nd, 2010 at 5:38 pm
Bloody damn shame the judge didn’t give Flavell the custody of this young “lady”. Lets see the the great man tame this young woman, fucking Maori party are full of fine words when it comes to “our people”, lets see the color of their words, my bet, hollow words from a hollow party.
Vote:December 22nd, 2010 at 6:27 pm
So you cut off your bracelet to do whatever you want to do without detection, and you get caught out. This person is a special person so Mr Flavell comes along.
Vote:Fuck off with the racist bullshit Flavell, the CRIMINAL did not comply – end of story
December 22nd, 2010 at 7:24 pm
Simple really.
You cut your ankle bracelet off.
When we catch you we cut your foot off at the ankle.
Works in Saudi Arabia and we pinko white liberals over here sure love ethnic customs.
Vote:December 22nd, 2010 at 8:09 pm
Johnboy, she is special, she is one of them. You can not make a special person responsible. Those who came to NZ owe them everything that they choose to own
Vote:December 22nd, 2010 at 8:23 pm
I’m a reasonably liberal defence lawyer and I have absolutely NO problem with sending this person to jail, in fact nothing else should suffice.
Cutting off the anklet is surely the most serious breach of Home D a person can commit, and it’s not just the physical act, it’s also a symbolic act i.e. a failure to respect the sentence imposed, the order of the court – a big “up yours” to the judge, really.
Vote:December 22nd, 2010 at 8:40 pm
Much, much, much, cheaper to cut the foot off tarrant.
What is the current daily cost of housing shit in jail at the moment, assume you know being in the business and all?
Vote:December 22nd, 2010 at 8:44 pm
Too slow. Found it for you.
http://www.corrections.govt.nz/about-us/facts_and_statistics/prisons/march_2010.html
Prison facts and statistics – March 2010 – Corrections Department NZ
percentage of prisoners on life or preventive detention sentences … The average annual cost of housing a prisoner is $90977 or $249.25 per day …
Foot’s cheaper as I thought.
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