Throw the key away

February 13th, 2013 at 11:00 am by David Farrar

Stuff reports:

A man convicted of multiple charges made a rude gesture to a judge after he was sentenced to prison.

Joel Twain McVay, 34, held up his middle finger to the judge, told him he would not follow some of his sentence, and swore at a police officer after his sentencing in the Blenheim District Court yesterday.

A pretty good sign he will not stop offending.

McVay was sentenced on his fourth drink-driving conviction and 19th conviction for driving while disqualified, as well as burning his partner’s belongings and assaulting her.

The Police should wait outside his place and just arrest him as he jumps in a car.

Judge Richard Russell said it was McVay’s 10th assault conviction. He sentenced him to two years and one month in prison after he admitted charges of refusing to give a blood sample, driving while disqualified, assault and wilful damage.

Only 25 months? His 10th assault conviction.

I’m not sure if his type of assault was serious enough to get a strike – but I hope so in the sense that he look to be a prime candidate for getting the maximum sentence with no parole. A lot fewer people will end up assaulted by him that way.

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26 Responses to “Throw the key away”

  1. peterwn (3,192 comments) says:

    Assault and 3 strikes. The lesser assault charges (Summary Offences Act & Crimes Act) are not ‘strike’ offences. It needs to be ‘aggravated injury’ or worse or ‘assault with intent to rob’. All ‘strike’ offences are in the Crimes Act only, although IMO offences like reckless driving causing injury/ death should also be ‘strike’ offences. See:
    http://www.legislation.govt.nz/act/public/2002/0009/latest/DLM3023002.html
    for a list of ‘strike’ offences.

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  2. Harriet (4,607 comments) says:

    Why don’t we just set ‘boundries’ for this guy so we don’t ‘offend’ him by calling him a spade – uncivil, immoral & near worthless to civil society?

    Judges should give the convicted ‘verbal stripdowns’, and in doing so, install a sense of utter shame into them.

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  3. Adele Keyshia (39 comments) says:

    I think the 10 convictions could be misleading. They may only refer to one or two actual incidents. Though I don’t condone it I think its understandable that someone who is obviously frustrated at finding he will be serving the next to years of his life in prison might make comments and gestures in anger in an outlash. I don’t think that this is justification for locking him up and throwing away the key. 2 Years is a reasonably harsh sentence and I don’t think it’s right to suggest that he’s locked away forever, especially without the context of the situation. He certainly seems like a very troubled man.

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  4. Adele Keyshia (39 comments) says:

    Also the judge has sentenced to 2 years and 1 month, thus not automatically eligible for parole after half the sentence is served as is the case for sentences under two years.

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  5. Adele Keyshia (39 comments) says:

    Reminds me of this: https://www.youtube.com/watch?v=lLA7dQ-uxR0

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  6. RRM (9,596 comments) says:

    RRM remains in favour of a two-sided “fork in the road” style of justice system.

    Upon conviction you arrive at the fork in the road.

    If you are young and have done something a bit silly, then you make a left turn and we will adopt all the newest clever, liberal, Scandinavian-style techniques for showing the error of your ways and helping you return to being a good, functional citizen.

    If you are a bad POS and you’ve done evil to your fellow man, you make a right turn and go to a low-cost concrete block dungeon where bread is a mainstay of the menu and there’s a galvanised tin bucket for you to shit into. And you remain there for a long long time so that good people are protected from you. Because you really are just a POS and why should we waste any more of our money or time on you?

    The challenge with this kind of system probably lies in making sure the traffic lights controlling the fork in the road send everyone in the appropriate direction, particularly when it is a bit of a line call and the offending is “more than A” but “less than B”.

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  7. krazykiwi (9,189 comments) says:

    But, but, but… he’s the preferred PM :D

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  8. scrubone (3,074 comments) says:

    I’m on broad agreement with RRM: we need to acknowledge that there are people who are simply not interested in following our laws, and see prison as a short inconvience to their life plan of crime.

    Frankly, if you have 10 convictions for pretty much anything (that is, through the court system 10 times) there should be serious questions about you being allowed free in society.

    Were I the judge, I’d have thrown this guy in jail for contempt of court and only when he’d served his sentence for that sentenced him for his other crimes. Of course, his reappearance for his final sentencing might lead to another contempt conviction…

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  9. scrubone (3,074 comments) says:

    So if I read this right, this guy’s got 33 convictions.

    Yea, he’s clearly about to go straight.

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  10. Harriet (4,607 comments) says:

    RMM#

    “……..The challenge with this kind of system probably lies in making sure the traffic lights controlling the fork in the road send everyone in the appropriate direction, particularly when it is a bit of a line call and the offending is “more than A” but “less than B”….”

    Which is then clearly option ‘C’ of your ‘fork in the road’ thing RMM :cool:

    And in that case they may then need more personal support – like being ‘spooned’. :cool:

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  11. RRM (9,596 comments) says:

    And in that case they may then need more personal support – like being ‘spooned’. :cool:

    You have quite the talent for saying not very much, whilst being a complete arse about it don’t you Harriet? :cool:

    I don’t think our justice system is “broken” but I do think there is room for improvement. What do you think? :cool:

    PS: :cool:

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  12. liarbors a joke (1,069 comments) says:

    nothing will change…the judges are soft cocks and we stand by on the sideline and moan at the pathetic sentences handed out.

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  13. Adele Keyshia (39 comments) says:

    Scrumbone: “Frankly, if you have 10 convictions for pretty much anything (that is, through the court system 10 times) there should be serious questions about you being allowed free in society.”

    As I was trying to say earlier 10 convictions isn’t the same as 10 times through the court system. A person can have 100 convictions from one incident.

    RRM: “Because you really are just a POS and why should we waste any more of our money or time on you?”

    Huh? How is throwing them in prison going to save money. It costs a over $50,000 a year to keep someone in prison?

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  14. scrubone (3,074 comments) says:

    liarbors a joke: I don’t think it’s the judges that are the problem.

    A number of years ago our justice system was changed to give people a chance to reintergrate with society.

    The problem is that there’s a group of people who aren’t interested in being part of a civil society. And that’s not being recognised.

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  15. Harriet (4,607 comments) says:

    RRM #

    “…..I don’t think our justice system is “broken” but I do think there is room for improvement. What do you think?…”

    The same as I once pointed out to David Garrett-

    Open a jail for ’2nd offenders’ who are convicted in court of any ‘offence’ and lock them up for their annual work holidays[4 weeks], with one week off for good behaviour.

    NSW has weekend detention in their jails and if you work in the jails on saturday and sunday you then get let out at 6pm sunday evening instead of 9pm – virtually all prisoners want out at 6pm.[BTW They have to appear at the jail gates at 6pm friday nights or they get immediatly arrested and returned to court]

    Which brings us to several good points about jailing people for their annual holidays-

    You don’t loose your job.
    You don’t inconveiniance the wife and kids.
    We can fit about 16 into jail each year for the cost of what it costs to lock up 1 now.
    The prison costs are low as nutrition is irrelevant [3-4 weeks stay] rice, fruit,veges, bread, cereal & water only.
    People are going to jail at the very start of what could instead lead to a ‘life of crime’ and court appearances.
    People will never ever get ‘prison cred’ being jailed with the likes of ………… :cool: :cool:

    No one will ‘re-book’ their next year’s annual holiday via crime – This is due to-

    The fact that the research has already been done by tourism NZ [The PM's portfolio] -as no one books a motel for 3 weeks and stays inside cleaning it, watching crap on tv, eating only rice,veges & water – and lastly – doing it with a complete stranger that they meet in a court room – and then does it again the very next year. :cool:

    “….You have quite the talent for saying not very much…”

    Sure about that? :cool:

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  16. dime (9,606 comments) says:

    adele – fair enough. the poor fella. he was frustrated. he should be allowed to abuse a judge. jesus christ.

    its a shame the judge didnt tack on extra time or have this guy thrown in maxi or something nasty.

    50k a year to keep him locked up probably does save us money.

    whats the real cost of having him on the streets?

    adele – whats cheaper to you personally? the tax payer handing over 50k to keep him in jail or this guy slapping your sister around and then killing her while drunk driving?

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  17. dime (9,606 comments) says:

    “I think its understandable that someone who is obviously frustrated at finding he will be serving the next to years of his life in prison might make comments and gestures in anger in an outlash.”

    this statement really blows me away. are you under 25?

    im just thinking if i was this guy what my reaction would be. i suspect unbearable shame rather than abusing a judge. hell, id be praising allah i wasnt being sentenced in somewhere like texas.

    not only is this guy a problem to society, but people like you are.

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  18. RRM (9,596 comments) says:

    Huh? How is throwing them in prison going to save money. It costs a over $50,000 a year to keep someone in prison?

    Yes but surely we decide to throw people in prison based on their deeds, not on how the prison budget is tracking this year.

    So, given that a certain number of people are going to opt to commit crime; I’m thinking that if all the efforts at rehabilitation were focussed more strictly on people we can have a good expectation of rehabilitiating, and those who are just nasty pieces of shit were simply thrown into a big plain concrete dungeon for what is effectively storage, then the cost per inmate for each of the latter should hopefully be a lot less than $50k ;-)

    And if it really costs $50k to keep an irredeemable piece of shit stored in a plain concrete storage facility that suggests to me that there is room for cost cutting.
    I earn a bit more than $50k (but nowhere near twice that) and that’s enough to:
    :arrow: feed four people;
    :arrow: house four people in a self-contained house on a section (which has got to be the most inefficient way of housing humans that a lavish comfortable society could dream up, but it is the way we prefer to live!)
    :arrow: Pay for a lot of commuting every day;
    :arrow: Feed a bunch of unproductive domestic animals;
    :arrow: Pay for trips to the beach and the like.

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  19. rouppe (932 comments) says:

    My neighbour just bought a late model second hand car. He picked it up and was driving home.

    Not 15 minutes after getting into it he got T-boned by a youth on a motorbike. Said youth
    1) Did not have a licence
    2) Was not insured (well couldn’t, without a licence)

    He’s now been charged with failing to stop and driving without a licence. Meanwhile my neighbour has to wear the consequence of claiming on his own insurance to get 4 panels on his car repaired or replaced.

    No doubt he’ll get an inconsequential fine (which he won’t pay) or community service (which he won’t serve)

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  20. Harriet (4,607 comments) says:

    RRM#

    “…..I’m thinking that if all the efforts at rehabilitation were focussed more strictly on people we can have a good expectation of rehabilitiating…”

    You’ll find that about 50% of those are classed as ‘complex dysfunctionals’ who have 4 or more drug, alcohol, education, employability, relationship, socialability, violence, mental illness & a few other problems that can’t all be fixed so that they ‘fit into society productively’ so as to live adequately. To parent adequately also.

    It’s just the way it is RMM after 40 years of liberal policy and 3rd rate education policy. The acceptance of ‘reliance’ and ‘blame’ etc haven’t helped. Their parents don’t know any better either RRM, which means that for most of them, they are on their own. Commonsense, ambition and other ‘necessities’ mostly gets handed down by parents in their behaviour and through parenting properly. Sadly, lots of kids miss out. Cheers.

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  21. GPT1 (2,101 comments) says:

    The article refers to the assualt being a slap. I suspect most of the prison time related to the driving.

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  22. David Garrett (6,647 comments) says:

    laj: I couldn’t possibly concur with your view that “judges are soft cocks”….but let’s just say that the removing of discretion at stage three was a very considered and deliberate part of the three strikes law.

    What is more relevant in this case is the Judges’ – including this particular Judge’s – reluctance to impose penalties for contempt. As far as I am aware (Graeme E will ride in in due course on his white charger and put me right if necessary) Judges have unlimited discretion to sentence offenders who show disrespect in their court. In my view this sort of crap would quickly stop if every time the third finger or an abusive remark was made to the Judge, the offender went down to the cells for a week, and was then brought back to apologise. Another third fingered salute instead of an apology? Back to the cells you go, and all of that “contempt time” is over and above the sentence.

    I think the prisoner(s) would get sick of that long before the Judge did…

    There used to be a Aussie joke “what do you call a New Zealander in a suit?” Answer: the defendant. Now only the lawyers wear suits in court. The Judges have allowed a steady “creep” of disrespect until now defendants can turn up wearing virtually anything they like, chewing gum, stand with their hands in their pockets making inane gestures to their moronic mates, and the Judges do nothing. They have it in their power to fix that.

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  23. scrubone (3,074 comments) says:

    Adele Keyshia: I read your comment and thought it was a good contribution. Hence I changed the way I worded my comment to make it clear that I was not referring to 10 convictions from the same incident. Perhaps that was insufficiently clear.

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  24. scrubone (3,074 comments) says:

    David Garrett: interesting point. See my 12:11!

    I’d have thought that judges would be keen to maintain respect for their position. Little short of amazed to hear they’re actually encouraging disrespect like that.

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  25. David Garrett (6,647 comments) says:

    BTW…has FE Smith been here this year? Has anyone seen any comments by him since Greg King died?

    Scrubone: Yes I noticed your earlier comment…I heard of some Judge in Africa who ended up setencing some particularly stupid crim to 10,000 years (yes, that’s the right number of 000′s) because he kept on repeating his contempts….and got 10 years for each one!He was eventually released on appeal…

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  26. Nostalgia-NZ (4,986 comments) says:

    FE Smith commented the day Greg King died and later, something I thought you’d remember David. Apart from that, throwing the key away is very middle ages.

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