Susan Couch payout of $300,000

[Akzle]

it didn't get settled through court. no legal precedent has been made.

also, corrections' avoided their failings having been aired in public court.

anyone stopping to think that, win or loose, 11 years of court bullshit is making someone(s) money.?

300k is a pittance.

but really. piss and moan all you will. what's going to change?

[Genestho]

I don't believe prison is the answer. There's way too much human rights rubbish when it comes to murderers and career criminals. The good old days were better with chain gangs, women doing as they were told by men, things like that......

Yeah I know, pffft and I bet you thought it was a good thing when ladies went crazy and burnt their bras?? Are those olden times also when men were men?

"Ever" is quite a long time. I certainly would not rule out the return of the death penalty here.

Fair call, I have heard the word "Ever" on more than one occasion from more than one place, but maybe ask again in 20 years, that's if the wheels haven't fallen off everything completely by then..

The interesting thing about this is that she was seeking punitive damages. This means the negligence by the defendant had to be abnormally severe, as unlike the American system, punitive damages are very hard to get here.

I'm a little unsure how much precedent this will set though. As I understand it, Sue settled out of court, based on the Corrections Department trying to minimize the cost of their own defense. It wasn't really a victory for her at all, as she accepted about half what it would have cost Corrections to defend, and if you consider the sum has to be spread across her now life-long disability, it doesn't amount to much. It's not like she can live off the interest.


I used to see Sue quite often where I worked, as she was friends with a worker next door. She was so messed up after the attack. It was awful to see.

I think we as tax payers and citizens have a duty to look after her. We pay to keep Bell locked up. Victims have to be looked after too. Part of that social contract we all share.

There are so many reasons why someone settles out of court, I reckon if corrections thought they'd have won they wouldn't have offered to pay her out, maybe they made an offer to keep details quiet - rather than choosing to duke it out in court, who knows - it's a good place to begin compared to what was, anyway.
She hasn't finished yet, so maybe watch this space?

[Zedder]

[QUOTE=Genestho;1130445395]Yeah I know, pffft and I bet you thought it was a good thing when ladies went crazy and burnt their bras?? Are those olden times also when men were men?

How dare they burn their bras without men allowing it, that Greer woman was real trouble.

Love the "when men were men" bit. Cheers!

[Genestho]

[QUOTE=Zedder;1130445406]

Yeah I know, pffft and I bet you thought it was a good thing when ladies went crazy and burnt their bras?? Are those olden times also when men were men?

How dare they burn their bras without men allowing it, that Greer woman was real trouble.

Love the "when men were men" bit. Cheers!

Hahaha!! Laughing loudly!!

Good stuff! My tounge was firmly in cheek with giggling mirth. Once that happens it tends to go downhill from there..hehe!
'ave a good evening!

[Winston001]

Probably the way you read it? (you being in the industry and all) but I can assure you, I was merely pointing out a fact.
Fact being, said lawyer was not working all those years, out of the kindness of his heart.

Actually he was.

"Garth McVicar of Sensible Sentencing is in awe of what Mr Henry has done.
Sue has been hindered, obstructed and blocked at every step of the way and if it was not for the goodness of Brian Henry in taking this case pro bono the Crown would have got away with blatant abuse of power.”

http://www.nbr.co.nz/article/couch-c...ight-rv-133600


Most lawyers I know do voluntary unpaid work - it goes with the job, its expected by the profession. Indeed in Britain and the USA pro bono work is an ethical requirement. Accountants and doctors too. A GP friend is just back from PNG having paid his own way to get to a mud hut village to spend a week doing medical aid - despite being told by the local police not to go because of bandits and murder in the area.

Maha you are a decent guy and I know you do good stuff for people. Is it so hard to believe that Sue Couch's lawyer also does good stuff?

[Bikemad]

I think we as tax payers and citizens have a duty to look after her. We pay to keep Bell locked up. Victims have to be looked after too. Part of that social contract we all share.

yep...........hole in one

[Winston001]

Just a quick explanation of damages:

Damages is the legal word for money or actions to compensate a person. There are 3 types.

1. Compensatory - a sum of money to cover what the claimant has lost. You wreck my car, you pay me $10k to replace it.

2. Consequential - loss following directly from the wrong act. I use my car to sell Avon and earn $200/wk so you pay for (say) 4 weeks loss of earnings until I got another vehicle.

3. Punitive (also called Exemplary or Aggravated) Damages - this is a punishment sum. An award by the Court to beat the defendant around the head for being bad/wrong/stupid. Very hard to prove and very rare in all jurisdictions.

Numbers 1 and 2 are prohibited for personal injury by ACC law.

Which only leaves claims for punitive damages which are at the far end of legal possibilities. These cases are so rare in NZ that lawyers notice every case. Less than one a year. And with very low odds of success. Actually this RSA one is the only claim I can recall in the last 10 years.

We don't know what would have happened if Susan Couch's case had gone to trial. Personally I think she'd have lost = no damages at all. So big ups to the boss of Corrections that he decided to settle and pay her rather than fight the good fight.

Although as noted above, its actually you and I who are paying Susan...easy to say fair enough but what if 1000 Susan Couch cases turn up next week...??

[Akzle]

3. Punitive (also called Exemplary or Aggravated) Damages

*+tort.

but really. i thought damages could be had in a "compensatory" way...

[Winston001]

*+tort.

but really. i thought damages could be had in a "compensatory" way...

Yes its tort law we're talking about. To be honest its years since I read much about this so you could be right, there may be an element of compensation but her lawyer specifically said not. He's looking at ACC for that.

You also make a good point that the settlement means no legal precedent has been set. No court ruling for others to use.

[Zedder]

Yes its tort law we're talking about. To be honest its years since I read much about this so you could be right, there may be an element of compensation but her lawyer specifically said not. He's looking at ACC for that.

You also make a good point that the settlement means no legal precedent has been set. No court ruling for others to use.

It may fall under a case of First Impression for others in the future though.

[SS90]

It may fall under a case of First Impression for others in the future though.

Im incredibly turned off on the idea of compensation (by means of cash payout) from Gvt departments for victims of crime, as it will open the flood gates for future claims, meaning that if someone is a victim of a crime perpetrated by some one that is either on parole, or released from prison, it insinuates that they are not "rehabilitated", and since it is the corrections departments fault, so..... Yea..... Give me some money.

Restorative justice is my favorite term, any monetary payouts should be recovered from the perpetrator, in many cases in Europe this is done (I know one guy that had to pay €20,000 for kicking a guys ass in a bar fight)

He doesn't get into bar fights any more.

[scumdog]

Im incredibly turned off on the idea of compensation (by means of cash payout) from Gvt departments for victims of crime, as it will open the flood gates for future claims, meaning that if someone is a victim of a crime perpetrated by some one that is either on parole, or released from prison, it insinuates that they are not "rehabilitated", and since it is the corrections departments fault, so..... Yea..... Give me some money.

.

Maybe, just maybe it might result in fuckwits being in prison longer??

And doing full sentences - none of this 1/2 0r 2/3 shit.

[Zedder]

Im incredibly turned off on the idea of compensation (by means of cash payout) from Gvt departments for victims of crime, as it will open the flood gates for future claims, meaning that if someone is a victim of a crime perpetrated by some one that is either on parole, or released from prison, it insinuates that they are not "rehabilitated", and since it is the corrections departments fault, so..... Yea..... Give me some money.

Restorative justice is my favorite term, any monetary payouts should be recovered from the perpetrator, in many cases in Europe this is done (I know one guy that had to pay €20,000 for kicking a guys ass in a bar fight)

He doesn't get into bar fights any more.

Yes, I'm for restorative justice too. The thing is a lot of low lives have no money or assets to enable payment, hence my comment about the chain gangs earlier.

[SS90]

Yes, I'm for restorative justice too. The thing is a lot of low lives have no money or assets to enable payment, hence my comment about the chain gangs earlier.

Yea, no money or assets and a big bill to pay is the Devils circle for sure, what about attachments to future earnings?, if they don't have a job, community employment. There are options, but tax payers paying for crimes wrong doing?

It our fault as a society, we need to raise our kids better. Simple.

[Zedder]

Yea, no money or assets and a big bill to pay is the Devils circle for sure, what about attachments to future earnings?, if they don't have a job, community employment. There are options, but tax payers paying for crimes wrong doing?

It our fault as a society, we need to raise our kids better. Simple.

There are options for "payment" alright and it shouldn't be prison with a bit of rehabilitation because evidence clearly points to jail not being a deterrent to crime. I hate the idea of tax payers paying for the crims actions also.

It's true, good parenting is a start from what I've read and seen but unfortunately anyone can have kids.