Hammer Attacker's Sentence Aborted

[Ixion]

That might be how it is in Christchurch... the weapon of choice in South Auckland is the claw hammer,either that or most Pacific Islander's are Chippies.... Cut a PI off,they will want to bash you,they cut you off and you give them the finger,they will want to bash you... Keyword, i want to bash you anyway,that is not a slur but just how it is in most cases.... Serve the time then deportation.

Unfortunately, this is pretty much true. If someone carves me up, doesn't give way when they should etc, I usually try to have a little word with them. Which can often be quite restrained : " Hey, you should have given way back there, you could have killed me". " Oh, sorry mate yeah, I was watching that big truck " - or whatever- "Well, please watch out for bikers eh". "Yeah , will do".

Not always though. I find that Asians, when they stuff up, are usually apologetic. So it can be quite positive. White Kiwis usually try to argue that they were in fact correct and you are wrong, even to the extent of quite extraordinary "interpretations" of the law "Bikes ALWAYS have to give to cars - doncha know the rules or what".

Maoris and Pacific Islanders, however, generally turn violent and nasty. Seems to be a sort of axiomatic response to anything.

[Indiana_Jones]

Maoris and Pacific Islanders, however, generally turn violent and nasty. Seems to be a sort of axiomatic response to anything.

Too true

-Indy

[Patrick]

And did you know that Crown prosecution lawyers are getting paid at about 1.5x the rate of the legal aid defence lawyers. Even better gravy train for them...

Thats because they made the grade and are top rate lawyers anyhow...pay for what you get...

They also have the facts in front of them...they know the crim is guilty, just gotta prove it...cos they are "innocent until proven guilty.."

Legal Aid plays the games, fart around and get as many appearances as possible and even change the plea to guilty on the day of the trial or defended hearing when they could have done so in the 1st instance.

A burglar I caught red handed coming out of the front door of the house he just broke into with his bag of goodies over his shoulder was the perfect example. He even told me he wanted to plead guilty on the first appearance but the lawyer dragged it out "for his client..." Yeah right...

[warewolf]

I was under the impression that when you appeared in court they were not allowed to bring in evidence of prior crimes in case it tainted the jury

This is true in terms of determining guilt.

Once guilt is determined, then previous history is tabled and factored in to the sentencing.

In this case, I thought that the previous employer of the victim has only just recently agreed to appear in court. Possibly too late for a retrial, but he's throwing the judical process a screwball.

if that is true for the defendent, why should it be any different for the victim? Even if he was a shocking driver, the truckie is not on trial here, the guy with the hammer is! There aren't any mitigating factors as far as I can see, unless this particular truckie had done this kind of thing to him before.

FWIW, I agree. The perp in this case has no history with the victim, so the victim's prior behaviour is irrelevant.

[scumdog]

Well that didn't work as he's been remanded in custody til January.

As for the comments here, I can't help but be reminded of the number of wingmirror/door kickers we have here. And of the pat on the backs they get when such threads come up.


My $0.02

I agree, such short memories we have when it suits!!!!

[Lou Girardin]

Taking out a wing mirror is a little different to taking out a leg.

[MacD]

Taking out a wing mirror is a little different to taking out a leg.

Yeah, but there is a lot of underlying hypocrisy in these threads. Motorcyclists always seem to be the innocent victims of cops with vendettas, but any other offender seems to deserve lynching without trial?

[judgeshock]

Road rage causing damage is unacceptable by anyone as far as im concerned.
We all get pissed at stupid behaviour, however causing violence or damage to another person or their property shows a real lack of intelligence.

The attacker we are discussing should be made an example of, it is sickening to think that he even has a chance at lesser charges.

[Lou Girardin]

A burglar I caught red handed coming out of the front door of the house he just broke into with his bag of goodies over his shoulder was the perfect example. He even told me he wanted to plead guilty on the first appearance but the lawyer dragged it out "for his client..." Yeah right...

Apart from your professional bias, is this not the lawyers job? They have to provide the best defence possible and if that includes waiting to see if the Police are ready to proceed at a trial, so be it.
I'm damn sure that if you were one of the Waimate speeders you would have defended the charge too.

[spudchucka]

Apart from your professional bias, is this not the lawyers job? They have to provide the best defence possible and if that includes waiting to see if the Police are ready to proceed at a trial, so be it.
I'm damn sure that if you were one of the Waimate speeders you would have defended the charge too.

If a case makes it beyond a status hearing or depositions of course the police are willing and ready to proceed to trial / defended hearing. Virtually all legal aid lawyers are the same, they drag it out and then on the day of the hearing they see the cops with their witnesses ready to go and they just roll over like a sick dog. Its pathetic and a total rort of the system but the lawyers have squeezed all that they can out of it by then and they don't care whether their client goes down or not, so long as they get their $$$$.

[Lou Girardin]

If a case makes it beyond a status hearing or depositions of course the police are willing and ready to proceed to trial / defended hearing. Virtually all legal aid lawyers are the same, they drag it out and then on the day.

Not necessarily, there's been more than a few incidents where cases have been thrown out because the Police were not prepared to proceed, even due to the cop being on leave.

[spudchucka]

Not necessarily, there's been more than a few incidents where cases have been thrown out because the Police were not prepared to proceed, even due to the cop being on leave.

No one is disputing that. Prosecutions have a knack of arranging hearings for when the officer in charge is either working night shift, on days off or away on leave.

If the slim hope that the cops won't be organised or turn up is all a lawyer has to work with then it is clear why they are working on the legal aid system.

[Lou Girardin]

I'd say it's a clever exploitation of a poor justice system. If your bosses don't want it to happen the solution is clear.

[Patrick]

Not necessarily, there's been more than a few incidents where cases have been thrown out because the Police were not prepared to proceed, even due to the cop being on leave.

And that has something to do with the victim because...? Legal Aiders will seek adjornments for any weak excuse and courts bend over backwards to give it to them. Prosecutions try and set a new date and get reamed by the court and usually have the case tossed. Simple leave, no problem, turn up on leave. Sometimes though, your leave takes you overseas, is planned in advance etc etc so you can't be there. I know of illness of a witness/cop and the case was tossed because they weren't there to proceed. I also know of dirtbags faxing a note to say they are ill (nomore details than that) and they get a new date just like that. System surely is stacked against us...but what can we do? Strike? Yeah right....

[Patrick]

Apart from your professional bias, is this not the lawyers job? They have to provide the best defence possible and if that includes waiting to see if the Police are ready to proceed at a trial, so be it.
I'm damn sure that if you were one of the Waimate speeders you would have defended the charge too.

Bias - maybe, but aren't we all for one reason or another???. Fair? Damn straight I am!!!

Waimate was something completely different... Sir Helen left them out to dry for them trying to get her to her important rugby game. Back then, how did you say "No" to the Prime Minsiter? Who would have? I know it has happened since though...and a plane was delayed as a result of the cop sticking to 99kmph and nothing more on the highway going to the airport....didn't have fog stopping it in the first place though, which is a shame...would have been a real slow trip to the next airport...hahahahaha!!!