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Media Articles Good Judge Bad Judge?

Good Judge Bad Judge?

The Sensible Sentencing Trust invites you to be the Judge.

This was sent out for publication on the 21st February 2004 in Hawkes Bay Today

Some Judges are listening to their community and trying their best to reduce crime, while others have their heads in the sand and destroy the good work of their colleagues.

Recently Judge von Dadelszen in Napier Youth Court sentenced a 17-year-old girl to three months in a Youth facility for supplying ingredients to make pure methamphetamine. The girl and a 19-year-old co-offender purchased cold tablets and sold them on for the purpose of making "P".

The Judge said a strong deterrent was needed and voiced community concern about the manufacture of such drugs and the effects on users, families and victims.

The Crown submitted the serious nature of the offending called for a significant penalty.

The youth's lawyer, Amanda Courtney appealed the sentence and argued the case had been overshadowed by the court setting a tariff for such offences.

High Court Judge, Justice France overruled Judge von Dadelszen's sentence and said the Youth Court judge's sentiment reflected real concerns, but the sentence was "manifestly excessive". She has been released early.

Most people know the heinous crimes that are now being committed and blamed on "P" with such devastating effects. The Sensible Sentencing Trust wonders if Judge France is the only one that does not.

Many of New Zealand's worst murderers have been on "P" when they committed the offence, (Bell : RSA killings; Williams : little Coral Burrows) and defence lawyers have argued mitigating circumstances or diminished responsibility.

Who has the diminished responsibility? The defence lawyer, the judge or the criminal?

Where are these warm fuzzy feel-good defence lawyers and judges when the criminal goes on to commit a horrific offence? Do they acknowledge any accountability for the fact that New Zealand is now one of the most violent countries in the Western world?

Do they accept any responsibility that this country that promotes the clean, green safe image now has some of the worst child abuse, drug abuse and domestic violence figures in the so-called developed nations?

New Zealand now has a huge reservoir of apprentice criminals simply being recycled through our Courts on a daily basis.

The Sensible Sentencing Trust promotes individual accountability and responsibility, that must equally apply to judges and defence lawyers, surely? They push the buttons that operate the revolving doors of our criminal justice system.

We congratulate the Judges who are listening to the cries of their community and trying to do their best to reduce the escalation of crime by sending clear short, sharp messages to first time offenders, in the hope they will turn their lives around.

It is difficult enough for the Judges who wish to protect society from serious criminals, as they have to work within the soft laws we have at present. It must be even more difficult for them when a colleague who has their head in the sand overturns their "sensible sentences".

As in every business and profession we have the competent and the incompetent. Usually the incompetent don't survive.

Not so in the Judiciary.
There lies the real difficulty......