According to his online CV, lawyer James Rapley specialises in criminal defence litigation and has appeared as counsel in the District and High Courts on numerous high-profile trials involving serious fraud, drug, murder, sexual crimes and other crimes of violence. In May 2004, he began practice as a barrister after working as a senior prosecutor for the Serious Fraud Office and Crown Solicitor’s Office for nearly 10 years. …
He reckons Mika should get a 10 per cent reduction in his manslaughter sentence because he is a Maori.
Most New Zealanders, including most Maori, probably think that is complete bullshit.
I am sure most Maori would.
The High Court judge who sentenced Mika appeared to do so, for while he acknowledged Mika’s personal circumstances, he rejected Mr Rapley’s plea for leniency with these words: “in my view, however, the law in this country is clear that no special discount for race, culture, or ethnicity matters alone is appropriate”.
Sometimes judges can be really sensible.
But the Court of Appeal, which in legal terms is more important than, and senior to the High Court, was convinced by Mr Rapley to rehear his argument for a reduction in Mika’s sentence.
Three Court of Appeal judges considered that appeal this week and rather than reject it as bullshit as most people would, they have reserved their decision.
This may not be significant. I think almost all their decisions are reserved. My worry would be if it goes to the Supreme Court and what Dame Sian might try and convince her peers to find!
I am fairly certain that Mika wasn’t thinking about post-colonial oppression when he boosted a car and left his fatally injured passenger to die on the side of the road back in February and I’m pretty sure he was unaware of the disproportionate number of Maori in prison when he admitted his crimes in the High Court.
We can also safely assume that a 10 per cent reduction in his sentence will do nothing to reduce his chance of reoffending or encourage him to live a less antisocial life.
A 10% reduction in his sentence will I am sure be a 10% reduction in the time taken until he reoffends!