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Three Strikes Law

In a number of recent cases, including several homicides, the offenders concerned have had at least three prior convictions for serious violence. This proposed law would prevent considerable offending of this type, while addressing the criticisms made of some Three Strikes Laws that have been implemented in the USA. The proposal below specifically addesses violent offending only, so that we do not lock people up for life for minor non-violent offending, which is an inefficient use of valuable prison space. This Press Release by David Garrett, who drafted this proposal, describes the background in greater depth.

Examples

These are a small selection of some of the offenders whose last serious violent offence and/or homicide would have been prevented by the application of the Three Strikes Law below;
Vance Tuheke
George Baker
Christian Brusey
George Cant
Bevan Carroll
Glen Clarken
Michael Curran
Lloyd Currie
Kayla Dernis
Antonie Dixon
Charles Edwards
Damon Exley
Natalie Fenton
Nathan Fenton
John Gillies
Cedric Hapakuku
William Holtz
Peter Holdem
Junior Inoke
Fraser Jenkins
Roger Kahui
Gresham Marsh
Leah Peneha
Mitchell Whittaker

The Proposed Law

An Act to enhance the protection of the public by ensuring longer prison sentences for those persons who commit serious or violent offences and who have previously been convicted of serious or violent offences.

1. Short Title
   This Act may be cited as The Couch-Hobson Act
   
   
2. Interpretation
   In this Act unless the context requires otherwise:
   
   “Qualifying Offence” means an offence listed in the Schedule.
   
   
3. This Act to take precedence
   The provisions of this act shall override the sentences or provisions relating to sentencing in the Crimes Act, the Sentencing Act, or any other enactment.
   
   
4. Maximum applicable penalty for second Qualifying Offence
   (1) Any person who shall be convicted of a second Qualifying Offence shall be sentenced to the maximum penalty for which that offence is punishable, and the minimum non parole period shall be not less than 80 percent of the sentence passed.
   
   
5. Judicial Warning upon sentence for second Qualifying Offence
   
   1. Any person who shall be convicted of a second Qualifying Offence shall, at the time of sentence, be warned by the sentencing Judge that a conviction for a third Qualifying Offence shall automatically result in a sentence of life imprisonment with a minimum non-parole period of 25 years.
      
      
   2. A Judge sentencing a person for a second Qualifying Offence shall take whatever steps he or she deems necessary to ensure that the sentenced person understands the consequences of a conviction for a third Qualifying Offence, and the sentencing Judge shall certify that he or she has taken all practicable steps to ensure that the sentenced person understands the warning given.
      
      
   3. The certificate given by the sentencing Judge under section 4 (2) shall be entered upon the criminal record of the person sentenced.
      
      
   4. It shall be the duty of the prosecutor to draw the court’s attention to the need for a judicial warning under this section prior to sentence being passed.
      
      
   
   
6. Mandatory Sentence for Third Qualifying Offence
   (1) Any person convicted of a third or any subsequent Qualifying Offence shall be sentenced to a term of imprisonment for life with a minimum non – parole period of 25 years.
   
   (2) Any person who, having been sentenced to a term of imprisonment under section 5 (1) is again convicted of a Qualifying Offence following his or her release from prison, shall be sentenced to a further term of imprisonment for life with a minimum non – parole period of 25 years.
   
   
7. This Act not retrospective
   For the purposes of sections 3 and 5 hereof Qualifying Offences committed prior to this Act coming into force shall be disregarded.
   
   
8. Offences in other jurisdictions taken into account
   (1) Any person who is deported to New Zealand after having served all or part of a sentence of imprisonment in another jurisdiction for an offence similar in nature to a Qualifying Offence shall, if he or she is convicted of a subsequent first Qualifying Offence in New Zealand, be sentenced in accordance with section 3 of this Act.
   
   (2) Where a person appears for sentence having been convicted of an offence similar in nature to a Qualifying Offence in another jurisdiction, it shall be for the sentencing Judge to determine whether the offence committed in the other jurisdiction should be treated as a Qualifying Offence for the purpose of sentencing.
   
   

Schedule

Qualifying Offences are the following offences :

• Sexual Violation contrary to section 128 of the Crimes Act 1961 (As amended) ( in this Schedule “the Crimes Act”)
• Murder contrary to section 167 or 168 of the Crimes Act
• Manslaughter contrary to section 171 of the Crimes Act
• Wounding with intent contrary to section 188 of the Crimes Act
• Injuring with intent contrary to section 189 of the Crimes Act
• Injuring by an unlawful act contrary to section 190 of the Crimes Act
• Aggravated wounding or injury contrary to section 191 of the Crimes Act
• Aggravated assault contrary to section 192 of the Crimes Act
• Assault with intent to injure contrary to section 193 of the Crimes Act
• Assault on a child, or by a male on a female contrary to section 194 of the Crimes Act
• Cruelty to a child contrary to section 195 of the Crimes Act
• Disabling contrary to section 197 of the Crimes Act
• Discharging a firearm or doing a dangerous act contrary to section 198 of the Crimes Act
• Using any firearm against a law enforcement officer etc. contrary to section 198A of the Crimes Act
• Commission of a crime while using a firearm contrary to section 198B of the Crimes Act
• Acid throwing contrary to section 199 of the Crimes Act
• Poisoning with intent contrary to section 200 of the Crimes Act
• Infecting with disease contrary to section 201 of the Crimes Act
• Providing explosives to commit a crime contrary to section 272 of the Crimes Act