Strike Two

July 8th, 2014 at 10:00 am by David Farrar

Stuff reports:

A Hastings man who sexually assaulted an 87-year-old woman in her home was on parole at the time.

Name suppression on Hugh Hemi Tuatua Tareha, 30, was lifted yesterday after he admitted the attack on November 7 last year.

It can now be revealed that he attacked another woman on the same day – and that he was on parole at the time for the robbery of an elderly woman.

Tareha had been before the Parole Board just the day before and had led the board to believe he was motivated to make changes.

“We are pleased with his performance,” the board wrote in its report on November 6.

Well they got that one wrong.

Yesterday, Justice Simon France entered the convictions and noted that Tareha would receive a second strike under the legislation at sentencing in September. He ordered a cultural report and two health reports, as the Crown was seeking preventive detention. Tareha was remanded in custody.

This is excellent. No parole for him next time, and if he offends again, then he will receive the maximum sentence for his crimes.

Make sure you vote to retain the three strikes law at the election.

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74 Responses to “Strike Two”

  1. kowtow (8,936 comments) says:

    How many lives are to be destroyed before parliament and the courts send these people away for their FIRST offence?

    Three strikes is a very poor compromise for genuine justice.

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  2. Tarquin North (400 comments) says:

    Imagine if he got the same judge as the Waikato truck drivers son. Would have got home detention and counselling. The three strikes rule is great, the judges are the problem.

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  3. MT_Tinman (3,315 comments) says:

    He ordered a cultural report

    Can someone enlighten me on what exactly this is?

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  4. Judith (8,534 comments) says:

    This type of offender is an opportunist. They pick the most vulnerable because there is more chance of success, when the victim cannot fight back.

    They seem to have little evidence of socialisation, that provides us with a set of ‘decent morals’, one of which includes respecting the elderly. Whatever it is within their psyche, that has allowed them to develop in a way that brings out more of the ‘animal’ within, rather than the socialised being, is unlikely to ever go away, or be altered by subsequent teaching of behavioral management etc.

    I doubt there is little hope for such a person, which is why I struggle with the three strikes law. We need a law that recognises the potential of such people, and their inability to be rehabilitated and addresses this on their first such crime, not waiting for their third.

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  5. Judith (8,534 comments) says:

    @ MT_Tinman (2,954 comments) says:
    July 8th, 2014 at 10:09 am

    I am not completely sure, but I suspect it is a report that specifically addresses the type of culture the offender was raised in, and therefore affects his ability to determine what is right and wrong.

    If for example he was raised in a strong culture where elderly were deemed to be a nuisance and not respected, or given any value, then that could have attributed to his seeing the elderly victim in a lessor light, than most of us would.

    In short, it means he would not have the same regulating attitude to the elderly, and would not see attacking an old person, as a far more heinous crime, than attacking an able bodied fit person.

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  6. duggledog (1,620 comments) says:

    Was surprised to learn this guy is a Maori.

    Never forget Labour have previously said they would repeal 3S should they gain the treasury benches (I don’t believe they will repeal it or even gain the treasury benches). National should remind voters of this going up to September

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  7. Other_Andy (2,676 comments) says:

    MT_Tinman says at 10:09 am

    “He ordered a cultural report. Can someone enlighten me on what exactly this is?”

    I had the same question…

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  8. Judith (8,534 comments) says:

    Given the fact this young man is Maori, one would have expected his culture to be quite the opposite. Traditional Maori culture is very respectful towards to the elderly, who as Kaumatua, are deemed to be knowledgeable and deserving of respect.

    The Cultural report may be to determine whether this is the case in this offenders upbringing. If that is so, then it makes his crime all that more insidious, because he has not only broken the law of the land, but he has broken with what he was taught as respectful within his childhood learning, and therefore it should receive acknowledgement of that in his sentencing.

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  9. wreck1080 (3,999 comments) says:

    yep, labour don’t want this guy to get the maximum sentence next time he offends.

    Perhaps cunliffe being so guilty, could adopt this guy and try to put him on the straight and narrow.

    After all, that is what real apologists do.

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  10. dirty harry (525 comments) says:

    Geez you talk shit Judith. Absolute crap. Imagine if the victim was your Mother.

    Just think about it for 5 minutes. I doubt then you would be so charitable towards this arsehole.

    Fuck the offender and his upbringing.

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  11. Judith (8,534 comments) says:

    @ dirty harry (372 comments) says:
    July 8th, 2014 at 10:22 am

    You idiot, I’m not being charitable. I’m saying if he was raised with traditional Maori values where the elderly are respected, and he not only broke the law of the land, but also broke with his basic cultural values, he should be more severely punished, because it makes him a special kind of asshole.

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  12. Manolo (14,166 comments) says:

    Another savage peaceful native whose life was ruined by colonisation.
    Judith’s apology is pathetic and deserves to be ridiculed.

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  13. Hair Removal Specialist (80 comments) says:

    Judith, so are you saying that if when he was growing up he was around people who were in favor of bashing the elderly he should get a reduced sentence?

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  14. Judith (8,534 comments) says:

    @ dirty harry (372 comments) says:
    July 8th, 2014 at 10:22 am

    Someone asked what a cultural report was. I told them from my experience – that doesn’t mean I think that should apply to this offender. The judge requests these reports so they can determine an appropriate sentence, based not just on the offenders actions, but the background.

    A person that was raised in an environment to respect the elderly, knows better, and therefore deserves a harsher punishment because they cannot defend their actions by saying they never knew that elderly deserved more respect.

    The judge is obviously looking at the guy’s upbringing to be able to apply such a value to his sentencing, by saying he, due to his culture, should have been more aware of the vulnerability of elderly, and therefore should get a harsher penalty, compared to someone that was never taught that elderly are to be respected and might have been raised in an environment where elderly were seen as a nuisance and easy pickings.

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  15. dirty harry (525 comments) says:

    I wonder if maori are ” feeling kinda ashamed for being maori , right now “

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  16. Brian Smaller (3,966 comments) says:

    I think you guys are misinterpreting what Judith said or indeed meant. Probably a reflex action because I usually do same to her posts.

    However, this scumbag criminal attacked two women on the same day apparently. Surely that should be strike two and three at the same time.

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  17. Judith (8,534 comments) says:

    @ Hair Removal Specialist (71 comments) says:
    July 8th, 2014 at 10:26 am

    No, I am not saying anything of the sort. The judge determines sentencing according to a strongly prescribed format.

    I don’t think that is how it should be, but that is how it is.

    If the person was raised in a situation where they were prevented from learning, or rather learned from the example of elderly being abused, then they have developed a mindset that allows them to have little restraint, which needs to be addressed in sentencing. Perhaps by making them attend special courses or something.

    It is NOT my idea of what should happen, it is what the law requires.

    I left the job of writing such reports because I got sick to death of them not addressing the reality of the crimes in many situations.

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  18. mister nui (1,030 comments) says:

    Make sure you vote to retain the three strikes law at the election.

    Any parties got in their policies to bring back the death penalty? They’ll get my vote.

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  19. dirty harry (525 comments) says:

    He wasn’t raised Judith , he would of been dragged up. Cousin Hemi probably beat the shit out of him. Its mother would have been a drunken P addict whore and the father would have been warming the cell mattress in preparation for his spawns arrival.

    All no excuse..the creature deserves a slow lethal injection via his eyeball.

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  20. Judith (8,534 comments) says:

    @ Manolo (13,198 comments) says:
    July 8th, 2014 at 10:25 am

    Where have I defended this scumbag? All I have done is told you how the system works and what a cultural report is – someone asked.

    If you read my first statement I say very clearly we shouldn’t even be waiting for a second or third offence. This man demonstrated by his first offence that he is ‘wired wrong’ and has no respect for the things were are taught to respect in society, like the elderly, and that I doubt he will ever change and therefore should not be given a second or third chance.

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  21. Nukuleka (399 comments) says:

    If I were up on this charge as a UK born New Zealander would I also have to have a ‘cultural report’? Or would I be deemed to have no culture worthy of reporting?

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  22. mister nui (1,030 comments) says:

    You’re fucked Nukuleka. Anyway, you and you’re ilk are responsible for all of this, being that you were the great oppressing colonisers.

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  23. Hair Removal Specialist (80 comments) says:

    From: http://www.communitylaw.org.nz/community-law-manual/chapter-30-criminal-court-proceedings/sentencing/

    “How does a judge decide what the sentence will be? – Principles of sentencing (Sentencing Act 2002, s.8) When sentencing an offender the judge must take into account principles such as:
    the gravity of the offending and the degree of culpability of the offender
    the seriousness of the type of offence
    the effect of the offending on the victim
    the offender’s personal, family, whānau, community, and cultural background.”

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  24. Ashley Schaeffer (535 comments) says:

    A culture report will add nothing to the sentencing equation unless you like to mollycoddle scumbags and think prison shouldn’t be about punishment and keeping the dangerous away from the innocent.

    This animal should be rehabilitated with a bayonet.

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  25. Judith (8,534 comments) says:

    I see where some of you have got what I said wrong.

    Acknowledgement in sentence, doesn’t necessarily mean that he gets a lighter sentence – it also means that they give him a harsher sentence. His actions should be reflected in his sentencing, because his culture prescribes respect for the elderly.

    Whilst his own childhood may have given him a different set of values, the overarching Maori culture, contradicts that environment, and when coupled with the dominant culture of the New Zealand society, there is no way this young can escape using the example of his childhood and say that he did not understand the vulnerability and/or respect that should be given to the elderly.

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  26. kowtow (8,936 comments) says:

    judith

    You’re either losing it or you’re trolling

    “this young man” ,..WTF? He’s 30!

    And what you’re calling the cultural report would be a “background ” report if the guy was white.

    This “cultural’ thing is more Waitangi separatism.Time to ditch the whole racist, apartheid shit that is tearing this country apart and is being used to excuse criminality.(as well as milking tax payers’ to pay for imagined grievances)

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  27. Judith (8,534 comments) says:

    @ Ashley Schaeffer (391 comments) says:
    July 8th, 2014 at 10:41 am

    I disagree. A cultural report should emphasise that elderly are respected in Maori culture, and that the overarching culture of New Zealand society (we all have a variety of cultures) is that elderly are afforded respect, and therefore, this offender has broken with the values of the two primary cultures that he is part of.

    His childhood may or may not have been violent and given him a different set of values, however, he could not have escaped from experiencing the value of respect for the elderly, simply because he would have also been exposed to that value in ordinary day to day living in our society.

    Which equates to he should be punished more severely due to that knowledge.

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  28. dirty harry (525 comments) says:

    “We need a law that recognises the potential of such people, and their inability to be rehabilitated ” says Judith

    Spouting crap like that Judith is why you get both barrels.

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  29. Judith (8,534 comments) says:

    @ kowtow (7,485 comments) says:
    July 8th, 2014 at 10:45 am

    I am 56 years old. To me his is still a young man.

    We all have culture, no matter what race we primarily belong to. Some of our cultural values come from the ethnic setting, some from our social, family, and individual (such as employment, friends etc).

    As Europeans we have culture – as New Zealanders we have culture, and so on.

    None of us are devoid of it.

    Whilst ‘culture’ might be frequently referred to in popular discourse as being specifically Maori, as in your example of Waitangi, that does not mean that is the correct application of the concept, nor how the Courts refer to it.

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  30. dime (10,212 comments) says:

    “I’m saying if he was raised with traditional Maori values where the elderly are respected,”

    so when one tribe conquered another one and killed most of em, ate a bunch, enslaved a bunch.. they let the oldies be on their way?

    im sure they respected the elderly within their own tribe.. was this poor woman in the same tribe?

    basically the “maori respect the elderly” is bullshit. they respect their own elders.. kinda.

    this animal should be put down

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  31. Jimbo (43 comments) says:

    I’ve asked NZ First MPs on a number of occasions whether they support 3 strikes and am yet to get an answer. Their role could be crucial post this election and yet they’re not making public their intentions.

    It is really important that this legislation remain in place because if it’s removed now there will be no way of introducing retrospectively later. Once some 3rd strikes start coming through it would be a brave government that would get rid of it.

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  32. Judith (8,534 comments) says:

    dirty harry (375 comments) says:
    July 8th, 2014 at 10:47 am

    Again you take such things as their ability to be rehabilitated as a negative.

    What if the report produces that evidence that this person cannot be rehabilitated and therefore should be locked away for a very long time, that is receive the maximum sentence.

    You immediately presume such a report will assess he can be rehabilitated but that is not the case in every situation. The process of such reports is that assessment is decided using a set of tools that provides both an ability for or against.

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  33. Judith (8,534 comments) says:

    @ dime (9,272 comments) says:
    July 8th, 2014 at 10:52 am

    This man is 30, not 150 years old.

    He cannot use the excuse that his ‘tribe’ carried out any such practices, because he has not lived in that era, nor has he lived close enough to that time to be sufficiently affected by the experience.

    The judge has ordered this cultural report I suspect to pre-empt any of those kinds of argument by the defence that he should be given leniency because his culture had such experiences in the past (it is not recent past, and therefore not of any relevance). The report should show that current cultural values demonstrate that elderly are predominately respected and therefore this man should have known those values and not acted against them. OR at least that is what I would have written in such a report.

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  34. Ashley Schaeffer (535 comments) says:

    I disagree. A cultural report should emphasise that elderly are respected in Maori culture, and that the overarching culture of New Zealand society (we all have a variety of cultures) is that elderly are afforded respect, and therefore, this offender has broken with the values of the two primary cultures that he is part of.

    To me that is a meaningless statement and is why I am saying a culture report is meaningless. Respect for the elderly is self-evident in any culture. Show me a culture where treating your elderly like trash is the accepted cultural norm.

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  35. Jack5 (5,274 comments) says:

    Surprise, Big Bruv hasn’t arrived yet to brand as racist all posters asking what is a cultural report for a judge.

    Judith in her explanation of this cultural report:

    …he not only broke the law of the land, but also broke with his basic cultural values, he should be more severely punished …

    So it is biculturalism or multiculturalism. Surely it’s only a short step from this to penalties based on race. In NZ are we there already, and if so is this because the justice system has been cowed by the PC-multicultural brigade, including its allies like Judith and Big Bruv.

    In NZ, if race is being taken into consideration in sentencing, we might as well take off the blindfold on the popular symbol of justice, Lady Justice. With her blindfold and scales, she appears all over the world, and not just in the West. She is found in places as varied as Azerbaijan, Zambia, Iraq, and Japan.

    Interestingly, the blindfold has appeared on this extremely old symbol only in the last three or so centuries.

    http://www.nytimes.com/2010/12/16/books/16justice.html?_r=0

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  36. Ashley Schaeffer (535 comments) says:

    And so what if the offender comes from a cultural background where treating the elderly like trash is the norm. What, we should give him a lighter sentence because of that? No, we need to send a message to these repugnant lesser cultures that in New Zealand, we won’t tolerate low-lifes such as this.

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  37. Judith (8,534 comments) says:

    @ Jimbo (37 comments) says:
    July 8th, 2014 at 10:53 am

    I am opposed to the three strikes law because I believe we do not pay sufficient attention to first time offenders.

    By time a person has committed the same type of offence on three different occasions, they are an habitual criminal, and there are three people or families whose lives have been destroyed. One is too many, three is ridiculous.

    If someone is prepared to bash an old lady, unless they have a very very good excuse (she attacked them with an axe first, might fit the excuse), they are unlikely to have a mindset that will allow that to be a once and only violent crime.

    Why should we wait for that person to do the same another two times because we deal with them severely?

    The same applies to first time offenders of any sort. I believe if we put our time and attention into first time offenders, we might not get so many repeat offenders. Evidence indicates that has offenders progress, their crimes get worse.

    I say put the time and attention into the first crime – give it everything we’ve got, and stop waiting for subsequent bad behaviour. Makes sense to me. Three isn’t a magic number in my mind.

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  38. Unity (633 comments) says:

    I’m not quite sure why Judith gets knocked down every time she speaks. She was telling everyone what a cultural report was and not that she believed in it as such. Do any of you actually read what she says or just see it’s Judith and immediately hit the down click button?

    However I don’t believe in cultural reports or anything resembling them. We should leave culture out of it and assess whether the criminal is a continuing risk or not. I’m actually fed up with ‘cultural’ anything!! It’s divisive, racist and separatist and it’s long overdue for us all to be treated equally under the law regardless of our genetic makeup.

    For me, this guy is obviously a continuing menace if he could commit such a crime whilst out on parole for only one day!! He should now be treated as if he had committed his three strikes and sent back to jail for a long time.

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  39. rouppe (983 comments) says:

    …he not only broke the law of the land, but also broke with his basic cultural values, he should be more severely punished …

    So a report needs to be commissioned to determine if his cultural values include bashing old women? What a load of crap.

    There is no way this should be termed a “cultural” thing. It doesn’t matter whether he’s European, Maori, Chinese, Somalian whatever, bashing and molesting an old woman is a crime. Culture has no place in the discussion.

    I get sick enough of defenses of bad upbringing being a mitigating factor, to now have the possibility his being Maori a mitigating factor is absolutely wrong.

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  40. Judith (8,534 comments) says:

    @ Ashley Schaeffer (393 comments) says:
    July 8th, 2014 at 11:06 am

    If we know that is his mindset, then we know he is a danger and we lock him up.

    I’m pretty sure the cultural report is to pre-empt the ‘soft’ arguments given by defence, who will no doubt argue that. But a cultural report will (or should show) that there is no way to live in our society without being exposed to the regulating value that bashing the elderly is not acceptable.

    The fact is, that even if your family background exposes you to such behaviour, the over-arching cultural values in New Zealand, contradict that. By having that in writing the Judge is given the ‘power’ to override the excuse of upbringing, because regardless of what he was exposed to, simply working, socialising, and being in this country exposes you to the culture that elderly are not punch bags.

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  41. fernglas (197 comments) says:

    In this case, three strikes may be a bit slow. If he is given preventive detention, which seems likely, he could be held for as long as he is a danger to society, which could be a lot longer than the maximum for this particular offence. A cultural report will make very little, if any, difference.

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  42. Ashley Schaeffer (535 comments) says:

    But a cultural report will (or should show) that there is no way to live in our society without being exposed to the regulating value that bashing the elderly is not acceptable.

    You don’t need a cultural report to know that.

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  43. David Garrett (7,698 comments) says:

    Lots of good comments there..

    Kowtow: I don’t know how many times I have said it here…we had a monumental struggle to get THREE strikes passed – against the very strong efforts of the then Justice Minister to scuttle it completely – we wouldn’t have a show in hell of getting support for a “one strike” law.

    Judith: If you know anything like what you claim to know about criminals and criminology you will know that by the time an offender commits a strike offence – unless it is a one off, and in most unusual circumstances – he is already lost, and cannot be rehabilitated….again, unless he is an exceptional person, in which case the opportunity is there to be taken…by HIM….no-one else can rehabilitate him.

    DPF’s final sentence is in fact very very relevant: Although it wont appear in any party’s election policies, this election is crucial to the survival of 3S…by 2017 we will have a half dozen or so like this particular charmer serving the maximum penalty for their offence as third strikers – by definition they will all be assholes of the same ilk; recidivist violent offenders – and I don’t believe any government would dare to repeal it then.

    Here though, in 2014, we are at a crucial point: 30 or so second strikers, 10 of them out in the community because of judicial leniency. There is still heavy leftist media pressure against the law, as evidenced by the RNZ programme I successfully complained about to the BSA just over a year ago.

    A vote for National, ACT or Conservative is a vote to retain 3S…a vote for any other party is potentially a vote to repeal the law.

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  44. Judith (8,534 comments) says:

    fernglas (87 comments) says:
    July 8th, 2014 at 11:20 am
    A cultural report will make very little, if any, difference.

    A cultural report could be very useful, especially to contradict any argument from the defense that the offender should receive a lighter sentence because of behaviours learned in childhood etc.

    A cultural report could be used to show that even if that was the case, the fact that respect for the elderly is a strong and over-arching value in both his Maori and New Zealand cultures, that he has no excuse and arguing he did not know any better, is not valid. It should show that ‘everyone’ knows bashing the elderly is an extremely insidious crime and therefore this man has opposed not just the law, but societal values. He gets no leniency.

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  45. Judith (8,534 comments) says:

    @ David Garrett (6,137 comments) says:
    July 8th, 2014 at 11:26 am

    I believe that first offences are an indication of how a person frequently proceeds with their life. Naturally there are some exceptions, but if a first offence is treated to a full investigation of background etc, we have the knowledge to assess that offenders propensity to re-offend. Often the signs are there, even if the crime is a lessor one.

    I am not talking solely about strike offences, but the first instance of breaking the law – demonstrating a lack of respect for the law (criminal offending).

    The system frequently ignores or pays little attention to any sort of offending until it becomes serious. I think we need to take first offences a lot more seriously, and therefore prevent them from becoming first strike offenders. If they have a history of offending, as you say, by time they commit a first strike offence, they are a lost cause – why wait for a second, or third?

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  46. David Garrett (7,698 comments) says:

    Hair Removal: (where do these pseuds come from..) You are quite right to point to the provisions of the Sentencing Act which the Judge must take into account…the provision you omit – which is part of the very reason for 3S in the first place – is that which requires the Judge to hand out “the least restrictive penalty possible”…The 3S provisions from section 86A on are specifically drafted to override that ridiculous section.

    Judith: FWIW, in this instance – on “cultural reports” – you are quite right…but then some fish hook wearing dickhead could somehow twist what you have correctly said is the case – Maori culture is about reverence for, not abuse of, the aged. That section is one of many in the Sentencing Act that needs repeal – in a one law for all environment there is no place whatever for “cultural reports”…

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  47. Ashley Schaeffer (535 comments) says:

    It should show that ‘everyone’ knows bashing the elderly is an extremely insidious crime

    If you need a cultural report to show that, then the justice system is fucked and a big part of the problem is over-analysing these things instead of applying a little common sense.

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  48. Mike (498 comments) says:

    It is hard to think of a more sickening offense.

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  49. rangitoto (262 comments) says:

    Judith wrote “I am not completely sure, but I suspect it is a report that specifically addresses the type of culture the offender was raised in, and therefore affects his ability to determine what is right and wrong.”

    ‘If you think they don’t know right from wrong, try wronging em’ (paraphrasing GMF)

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  50. Mike (498 comments) says:

    Speaking of sentencing, i came across a pretty disturbing summary of facts:

    Heke grabbed the woman, punched her about the head and face, then told her to get on the floor, where he continued punching her and stripped her of her clothes.

    Heke forced multiple “degrading” sexual acts upon the woman, while continuing to strike her.

    After a “prolonged sexual attack” and “dehumanising assault” Heke told the victim “Happy New Year”, before threatening to kill her if she told police.

    He blindfolded the victim, bound her hands with plastic shopping bags, then left while she remained on the ground.

    Judge Zohrab said the woman suffered two black eyes, contusions and bite marks to multiple parts of her body, a fractured nose, and various other injuries that were inappropriate to describe publicly.

    —————-

    This charming fellow will be out in 6 years time!

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  51. David Garrett (7,698 comments) says:

    Judith: Let us not forget that you are in fact more “judgmental” than many commenters here…according to you, because I committed the passport offence 30 years ago I forever branded myself as having a “criminal mindset”… He Who Cannot Be Named however is a stand up guy….despite never having expressed any remorse here, and you never having met him.

    It is important to remember that the 3S regime only kicks in at age 18, and it only covers very serious crimes of violence, those attracting at least seven years in prison. As I have said here many times, I am all in favour of vigorous rehabilitation efforts for young first offenders…but as I have also said here, my experience – which should also be yours if you have the expertise you claim to have – youths (under 17) who commit strike offences are invariably lost…with very rare exceptions.

    Does your vast experience in this field include a visit to a youth justice facility, such as the one adjacent to the adult prison at Rolleston, south of Christchurch? If not, and if you are able, I strongly suggest you visit such a place. It is an eerie and sobering experience…the staff are able to tell you with great accuracy which of them is destined for “the Big House” next door.

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  52. Mike (498 comments) says:

    I can’t understand why you did that in the first place, seems very out of character for you (even for an event that happened 30years prior).

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  53. Unity (633 comments) says:

    I wish they could just forget ‘cultural reports’ altogether. We have all blended together for well over a century and a half and if someone doesn’t know right from wrong by now, they never will. It should have nothing whatsoever to do with their culture. It’s all to do with common decency and respecting others, not to mention knowing what is right and what is wrong behaviour. They should ask themselves ‘Would I like this done to me'(?) and that should be all there is to it. No excuses. Do the crime, then do the time!! No ifs and buts.

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  54. RRM (10,099 comments) says:

    [Justice Simon France] ordered a cultural report and two health reports, as the Crown was seeking preventive detention.

    Here’s my cultural report:

    I can’t help but notice he has a Maori name.

    He is therefore the victim of post-colonial traumatic stress disorder (PCTSD) and is the true victim in all of this.

    I recommend a hug, immediate release, and compensation in the amount of $5,800 for stress and loss of mana suffered throughout his ordeal in the pakeha court system.

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  55. Judith (8,534 comments) says:

    @ David Garrett (6,139 comments) says:
    July 8th, 2014 at 11:54 am

    Actually you are wrong there. That is not what I think of you. You’ll despise me more for saying this, but I will anyway – I actually think your problem is that you have never forgiven yourself. I think you are aware that you stuffed up a very promising career, and ruined the immense potential your had to really achieve an awful lot. Everyday you are reminded of that.

    I don’t think you’ve ever forgiven yourself which is why you try to down play the offence, and why you seem so angry, and also hell bent on justifying your actions, in comparison with others.

    I believe you’d make an excellent MP and should be allowed to return to something you were good at – but not until you get over the fact that you, like the rest of us are prone to erring. That you made a major cock up – but you can move on from that (in your mind as well as in your life) and that you acknowledge the severity of it, and stop trying to excuse it because it makes you feel better about yourself if it doesn’t seem so bad. It was bad, you were bad – but so what David – your human, you aren’t superman.

    It happened. You were a fool – forgive yourself, be compassionate to yourself. In my opinion, until you can stand up and say, ‘shit I stuffed up real bad – I was a total idiot and I indirectly hurt others’ and stop adding to that comment ‘but others have done worse’ – what other people have done, or not done, does not excuse you – you haven’t forgiven yourself at all – which is why you absolutely hate being reminded of it.

    But that’s just my opinion, and what would I know aye? :-)

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  56. mara (769 comments) says:

    Do we know if this charm-school dropout was doing a gang initiation “ritual”?

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  57. Judith (8,534 comments) says:

    @ rangitoto (187 comments) says:
    July 8th, 2014 at 11:50 am

    No, I think they do know right from wrong, and that a cultural report will demonstrate that and contradict the defense who will try to argue that his family life prevented him from knowing what was right.

    A proper cultural report should demonstrate that the New Zealand culture, as well as the Maori culture has such a dominant value of respecting the elderly, that there is no viable excuse regarding the ‘not knowing right from wrong’ argument. Basically, that short of being held isolated from anyone else in society until the day of the offending, there is no way he could NOT have been exposed to the value of respecting elders.

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  58. rangitoto (262 comments) says:

    Fair enough Judith

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  59. RRM (10,099 comments) says:

    Judith (7,074 comments) says:
    July 8th, 2014 at 12:27 pm

    [some utter utter crap]

    :neutral: Do you actually believe your own BS, or are you just trolling?

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  60. Ashley Schaeffer (535 comments) says:

    No, I think they do know right from wrong, and that a cultural report will demonstrate that …

    Wouldn’t a psychiatric report better determine whether the offender knew right from wrong?

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  61. goldnkiwi (1,612 comments) says:

    Do we really need a report stating the given that the elderly and children are sacrosanct. Not to mention the rights I as an individual have not to be assaulted raped or killed.

    I guess that report will be very subjective, for a ‘cultural’ report would it be conducted by ones ‘peers’ if a criterion of peer is the same culture?

    What ‘culture’ was the victim, despite her age?

    There are different perpetrator and victim cultures. This seems currently to be demonstrated by Muslim men viewing western women against their cultural norms. That western women are less virtuous?

    That poor woman regardless, but certainly more so from the society that she grew up in.

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  62. David Garrett (7,698 comments) says:

    Judith: you wonder why you get downticked…I’ll pass on ur diagnosis to my shrink…I’m sure he’ll be fascinated….how can he get in touch with you? He may feel in need of further guidance. ..

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  63. Ashley Schaeffer (535 comments) says:

    What’s the betting that this old dear will probably pop her clogs in the next few months or so. A traumatic event of this magnitude happening to someone of an advanced age will commonly set off a downward spiral in health leading to an earlier loss of indepedence and death than would have happened otherwise. Where’s the justice?

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  64. kowtow (8,936 comments) says:

    DG

    3 strikes, monumental struggle. Yep I know. All power to you for getting it through. My comment was not directed at you or the the law but at parliament and the courts specifically for not doing their duty in the first place.

    Our elites (political,legal,academic etc)really don’t represent the people or the victims of crime they have become a truly out of touch bunch of traitors.

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  65. David Garrett (7,698 comments) says:

    Ashley: Spot on…the phenomenon u describe after an old person is attacked – let alone in the “sexually degrading” way this poor lady apparently was – is well documented…if this POS doesnt get PD the sentencing judge shud be ashamed of him or herself…BTW in case anyone is uncertain, PD sits quite comfortably alongside 3S….

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  66. dirty harry (525 comments) says:

    Its not a big ask. The public deserve to be protected from scum like this. We shouldn’t have to go cap in hand to the judiciary begging for harsher sentences.

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  67. Judith (8,534 comments) says:

    @ David Garrett (6,141 comments) says:
    July 8th, 2014 at 1:09 pm

    I don’t wonder in the slightest why I get ticked down. It doesn’t worry me. What others think of me, doesn’t effect my ability to lead my life. I have a left leaning political philosophy, on a right leaning blog – that was never going to win friends for a starters. And I say what I think, not what people want me to think or say, that isn’t going to win friends either. I’m old enough not to care either way.

    I come here simply because it is good mental exercise and sometimes fun. There are some lovely people on this blog with great senses of humour, and because it never hurt anyone to see the opposing point of view. Living in an insulated world is not good for anyone. I say it as I see it – from my perspective, that’s all anyone can do.

    Besides, my comment to you was in answer to something you said. It was opinion, and not professionally based – and certainly not from a psychological perspective. Personally I don’t go in for psychology in most circumstances. I’ve seen cognitive behaviourial therapy become a dismal failure in the treatment of anger. Much of it is a load of crap and very open to interpretation.

    A person only changes if they want to – needing to, or being made to has absolutely no benefit whatsoever – except perhaps to fool the judiciary.

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  68. Judith (8,534 comments) says:

    @ Ashley Schaeffer (398 comments) says:
    July 8th, 2014 at 1:25 pm

    Exactly, but more relevant is the manner in which she has to live the rest of her life.
    In fear, tormented, recovering from injuries that her advanced age makes complicated.

    When she is finally at peace the pain will be gone, but what she has to live with in the meantime, is revolting and in my opinion should reflect in the sentence length.

    Perhaps attacks on the elderly need a special crime category, because for many, there simply isn’t the chance of getting over the event and putting their lives back together. Time usually does not permit it.

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  69. Judith (8,534 comments) says:

    Grouped in with that category of elderly assault, could be the increasing number of elderly people ripped off by their own loved ones, and abuse by neglect, that is also an insidious crime.

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  70. cricko (452 comments) says:

    I conjured with the idea of seeing how difficult it would be to obtain a false passport after
    reading how it coukd be done in ‘The Day of the Jackal’ 43 years ago but never followed through.

    I have wondered from time to time if you got your inspiration from the same source DG

    (If I had found the right grave site I may well have given it a go, but thankfully I did not find one.)

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  71. cricko (452 comments) says:

    Should have added to the above that at the time I viewed it as an academic exercise and not actually
    much of a crime at all.

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  72. gump (1,683 comments) says:

    @Judith

    “Perhaps attacks on the elderly need a special crime category, because for many, there simply isn’t the chance of getting over the event and putting their lives back together. Time usually does not permit it.”

    ——————-

    I had a friend – now deceased – who was raped and violently abused by his father when he was a child.

    I found out later that he exacted his revenge when his old man became an elderly dependent. I don’t condone elder abuse, but I can understand why it happened in that particular case.

    I’m aware that this is an entirely unpalatable opinion. But sometimes these things happen for reasons that the law cannot accommodate.

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  73. adze (2,130 comments) says:

    What was the name of that browser plug-in that allowed you to filter out annoying posters?

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  74. Unity (633 comments) says:

    Gump, I have been thinking along the same lines as you that perhaps there does need to be a special category for attacks on the elderly. They would spend the rest of their lives terrified that it might happen again. I think the crime is despicable enough but seems to go up another despicable level when very old people are the victims.

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