NZ Judiciary
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@tim said in NZ Judiciary:
No conviction for sex offender wanting to become pilot
A Dunedin man who sexually offended against two boys has avoided a conviction, paving the way for a career as a commercial pilot.
The 20-year-old, whose name was permanently suppressed this afternoon, appeared in the Dunedin District Court after pleading guilty to four charges of sexual conduct with a person under the age of 16 and one of sending an indecent communication to a person under the age of 18.
Judge Kevin Phillips said giving the defendant a criminal record would "destroy" him.
"There's no issue ... that if there's convictions entered, his opportunities in relation to a commercial flying career are ended," he said.
The second set of offences occurred when a 14-year-old, who shared the interests of the defendant, went to his home.
First, the man put his hands on the victim's crotch while they watched a movie.
He stopped when told to by the teenager but later that day he tried to put his hand down the back of the boy's jeans.
The act was repeated even as the defendant drove the victim home.
"Please stop," he repeated, until he was finally dropped off.
That victim read a statement to the court this afternoon, detailing how his life "crashed" after he was molested by the defendant.
Fuck him, I reckon any just society would convict him, put the brakes on that career and let him scrape by as a janitor or whatever job he can get for the rest of his days. That’s the price you pay for offending, or what it should be.
Everything is subjective but I have a feeling the two young guys and their families won’t be thrilled about this verdict.
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@tim I hate stories like this to the maximum, and also judges who insist that criminals not being able to do their first choice job is a cruel and unusual punishment. Oh, he couldn't be a pilot if he was convicted of molesting teens? Fucking good!
Gah. Now this sack of shit skips away, but those teens have to live with the fallout of sex offences against them. So much for victim-centred justice. -
@mokey said in NZ Judiciary:
@tim I hate stories like this to the maximum, and also judges who insist that criminals not being able to do their first choice job is a cruel and unusual punishment. Oh, he couldn't be a pilot if he was convicted of molesting teens? Fucking good!
Gah. Now this sack of shit skips away, but those teens have to live with the fallout of sex offences against them. So much for victim-centred justice.I would hope that this one is being contested. Judge seems to have put way to much weight on the perps future as opposed to the victim.
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A Greymouth woman has told a court she thought she was going to die during a home invasion by retired soldier George Robert Tweedy in May.
Reading her victim impact statement in the Queenstown District Court on Monday, the woman described the terror she felt when she awoke to find Tweedy (60), a former New Zealand Army major, pointing a rifle at her face.
A short time later, after he had stopped her from running out of the house, he put a belt around her neck and applied pressure.
''I honestly thought I was going to die on the floor of my own home.''
She scratched his ankle to get his DNA on her hands so people would know who had killed her.
Besides her physical injuries, which included extensive bruising, strangulation marks on her neck, and a broken toe for which she still needed crutches, the incident had caused severe and lasting mental trauma.
She suffered from nightmares, anxiety and severe PTSD on a daily basis, and was terrified by the prospect of his release from prison.
After making deductions for Tweedy's guilty pleas, expressions of remorse, and good character before the imposition of the protection order, and allowing for the five months he had already spent in custody, Judge Walker came to a term of 23 months' prison.
That was converted to 12 months' home detention at a Waitati property to allow him to undergo rehabilitative treatment.
He must pay the victim $2500 reparation for emotional harm, and is subject to special conditions for 12 months after his release.
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Must be bloody difficult to be the lawyer tasked with providing a defence for someone like this.
How do you even start trying to put humanity back into someone that thinks it's OK to smack their kids up with a hammer?
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@crucial Terrible case that, family is loaded with pieces of work. For the defense lawyers, they just represent them to the best of their ability to ensure a fair process. Point out flaws in the prosecution case, ensure the law is applied correctly, and if guilty, provide a list of relevant mitigating factors (if any) for the judge prior to sentencing.
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@godder said in NZ Judiciary:
@crucial Terrible case that, family is loaded with pieces of work. For the defense lawyers, they just represent them to the best of their ability to ensure a fair process. Point out flaws in the prosecution case, ensure the law is applied correctly, and if guilty, provide a list of relevant mitigating factors (if any) for the judge prior to sentencing.
You would have to be paid well, all the same, as that would suck!
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@godder said in NZ Judiciary:
@crucial Terrible case that, family is loaded with pieces of work. For the defense lawyers, they just represent them to the best of their ability to ensure a fair process. Point out flaws in the prosecution case, ensure the law is applied correctly, and if guilty, provide a list of relevant mitigating factors (if any) for the judge prior to sentencing.
Yeah, I probably read too much into the reported defence comments but you are right. They do need to cover the bases or it gets opened up for appeal.
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@crucial said in NZ Judiciary:
@godder said in NZ Judiciary:
@crucial Terrible case that, family is loaded with pieces of work. For the defense lawyers, they just represent them to the best of their ability to ensure a fair process. Point out flaws in the prosecution case, ensure the law is applied correctly, and if guilty, provide a list of relevant mitigating factors (if any) for the judge prior to sentencing.
Yeah, I probably read too much into the reported defence comments but you are right. They do need to cover the bases or it gets opened up for appeal.
Your last sentence sums it up well.