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Thread: Phobia lets death driver avoid jail

  1. #1
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    Phobia lets death driver avoid jail

    Honestly. What the fuck is happening with the judicial system in this country!
    Someone fucks up, breaks the law, gets convicted and can now have a cry and "get out of jail free"?

    This bitch drank and drove, ending up with a death on her hands. Simple.
    Do the crime, do the time... except in NZ.
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    A drunk driver who killed a woman has been spared prison after a judge said her agoraphobia would cause her "difficulties" if she was locked up.

    Unemployed Papakura resident Lesley Caudwell told police she had been "trolleying it today" and drinking "lots of wine" after the November 16 crash that killed 36-year-old Tara Groenestein.

    But at her sentencing yesterday, Judge Andree Wiltens said the 42-year-old's condition - which included frequent panic attacks and bipolar disorder - would place her in "difficulty" if she were confined to a cell.

    Caudwell had earlier pleaded guilty to driving while incapable and causing death, and dangerous driving causing death.

    Judge Wiltens also took into account her early guilty plea and the fact she was caring for her cancer-stricken mother.

    Once all factors were considered, home detention was the "only option".

    He sentenced her to 12 months of home detention and disqualified her from driving for four years.

    Crown prosecutors had sought a four-year jail term.

    Caudwell was almost three times over the legal breath-alcohol limit and travelling at 100km/h when she ploughed into Ms Groenestein's car at the Patumahoe Rd/Waiuku Rd intersection near Pukekohe.

    Ms Groenestein died at the scene.

    Police found an empty wine bottle in the front passenger footwell of Caudwell's car. She told officers she was the driver but didn't know where she was going.

    Police said other motorists had raised the alarm about Caudwell's driving minutes before the crash, after she was seen crossing the centre line.

    The sentence left many of Ms Groenestein's family in tears, and cries of "murderer" and "where's the justice" rang out at the sentencing.

    "I'm absolutely disgusted ... How can you take a life and get just 12 months' home detention," father Felix Groenestein said.

    Tara's mother, Jill Groenestein, told the Herald she wanted every parent in New Zealand to know how the family were feeling.

    "I'd put every parent on notice - I never thought this could ever happen to us. How do we get these people off the roads and show zero tolerance when this happens?"

    Judge Wiltens said the victim impact statements made harrowing reading and left him in tears.

    But this was no comfort to the family, who say they feel cheated by New Zealand's justice system.

    "If we were in Australia or America she would have got five years or 20 years," said sister Rachel Groenestein. "Sometimes I think these judges need to feel pain. It's a joke, some of these laws."

    * Agoraphobia

    A fear of open spaces, going outside or being away from a place of safety. Also an abnormal fear of being helpless in an embarrassing or inescapable situation.
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    Good god, what next? "I have a phobia to being someone's bitch and being arse fucked with a hairbrush, so I can't go to jail". Bloody hell. Yeah, and what the fuck does being agoraphobic have to do with being in a jail cell? Annoys me when people use mental illness that they probably don't have as an excuse, stuffs things bad for those who legitamitely have something wrong in the head being able to recieve a little understanding. And if she was agoraphobic, why the hell was she driving around pissed anyway?Wouldn't she have trouble leaving the house? Holy shit.

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    Settle. Killing someone on the road in NZ isn't a criminal offence.
    If a man is alone in the woods and there isn't a woke Hollywood around to call him racist, is he still white?



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    My heart really goes out to Groenestein family. The Groenestein family have lost their girl for a life sentence.
    As for the drunk murderer about her problerms

    Jail is the only place for Lesley Caudwell.
    * Agoraphobia

    A fear of open spaces, going outside or being away from a place of safety. Also an abnormal fear of being helpless in an embarrassing or inescapable situation.
    Home detention is too cosy
    = Freedom

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    Quote Originally Posted by Rollestonchick View Post
    Jail is the only place for Lesley Caudwell
    Either that or 1km out to shore with concrete boots.

  6. #6
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    This situation strikes me as being unbelievably unjust.

    12 months of home detention? What a bloody joke.

    What's next? A defendant with a phobia against being jailed?

    --------------------------

    Did anybody else think that agoraphobia wouldn't be a major problem for a prisoner? There's not exactly a lot of open spaces in a jail.

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    29 people were hung in Iran last week, murderer's, rapists & the like.

    How many people would think twice about stepping behind the wheel after a few too many then aye?

    Life for a life! At least that way the recidivist offenders will eventually be caught & washed out of the gene pool doing mankind a favour!
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    Quote Originally Posted by James Deuce View Post
    Settle. Killing someone on the road in NZ isn't a criminal offence.
    Isn't any offence that can lead to imprisonment a criminal offence ?

    I'm not commenting on the outcome - mental health issues are too touchy feely in here for my liking.
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    If you can't handle the little box for a few months, introduce the old bitch to the needle in the back room.

    No worse than what the SPCA does with its unwanted/un-well victims.
    It is what it is

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    Usual NZ justice.

    Some poor cop spends hours on the case, gets all the paperwork sorted, does his best to present the case.

    And the judge lets the whole team down by dropping the ball big-time.

    Judges are ex-lawyers, what d'you expect???
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    Quote Originally Posted by scumdog View Post
    And the judge lets the whole team down by dropping the ball big-time.
    I don't suppose it's possible for the prosecution to appeal a sentence on the grounds that it's obviously bollocks?
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    Quote Originally Posted by Deano View Post
    Isn't any offence that can lead to imprisonment a criminal offence ?

    I'm not commenting on the outcome - mental health issues are too touchy feely in here for my liking.
    Nope. Covered by different acts. The "reasoning" is that it is too difficult to prove intent, hence dangerous driving charges with "causing death" or "causing injury" appended to them and much lesser sentences attached than taking an ice axe to someone's head.

    DIC & causing death is a different story to being stupid and causing death, even if the outcome is the same, in my book at least. Mistakes do happen. If you are DIC you clearly have no regard for your fellow road users and you should be tried under the provisions of the Crimes Act. Being DIC should "prove" intent.
    If a man is alone in the woods and there isn't a woke Hollywood around to call him racist, is he still white?



  13. #13
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    Quote Originally Posted by James Deuce View Post
    . Being DIC should "prove" intent.
    Ah, but lawyers will say their loser client was too drunk to have 'intent'.
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    I know what you are saying. My idea removes that as a valid defense, but then I am, probably, a bastard.
    If a man is alone in the woods and there isn't a woke Hollywood around to call him racist, is he still white?



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    OK ... let's stop the calls for capital punishment. If the legal system in NZ was the same as the one in Iran, I'm sure you lot would be complaining just as hard. Actually, you wouldn't be complaining as you'd be too scared to say anything in case the Police turned up to take you to Aden prison - a place one generally leaves in a bodybag - for daring to criticise the regime.

    Capital punishment is wrong, whatever the crime, and certainly wrong for drink driving causing death.

    But this doesn't excuse the laughable joke that is the sentence given to this woman. What I'm trying to understand though, is how agoraphobia - a fear of open spaces - is a valid excuse for not going to jail. Claustrophobia I could understand (almost), but if I was an agoraphobic, the knowledge that I was not going to have to go outside and see a horizon or an open sky for the next 5 years would be a great relief, not a punishment.

    Sounds like another judge with his head far too far up the (well-perfumed and polished) arse of the PC brigade.

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