A former Auckland Labour Party luminary came up with that idea once. We were all supposed to buy a brick for I dunno… think it was a $1000 and it would have our name engraved on it. Most of us came to the conclusion we did not want to buy a bloody brick at that price.
Quite simply put, anybody who puts this site at legal risk receives an instant permanent or at least a lengthy ban, regardless of who they are. This applies to this case and in general.
"I strangled her to death by accident" has to be the most fucked-up defence seriously contemplated by a jury since they banned the "I had to kill him because he was gay" defence. I feel embarrassed for my country that this will be getting so much coverage in the UK.
Oh you sexual puritan PM! Guess you never even wanked since you seem totally ignorant of some of some people's sexual preferences. By the way, does the name Peter Plumley-Walker ring a bell? In this case, the defence was far from 'fucked-up' in that the scenario presented was quite probable, particularly when there was evidence that the victim was not averse to BDSM practices and also had not been under any coercion regarding the 'hook-up'. Fortuitously, there was evidence to support the contention that the death was not accidental in the minds of the jury members, but this was not a certainty. It is difficult to understand the relevance of your, "I had to kill him because he was gay" comment. Are you saying that any death related to sexual acts is comparable to gay bashing murders? Hopefully you will not die of a heart attack while in flagrante delicto. Under your perverted legal interpretation, your sexual partner could end up being incarcerated for a long time because of your over-excitement.
Bullshit. There's a world of difference between indulging someone's kink for playing at having their breath cut off and spending upwards of five minutes strangling them to death, including at least a couple of minutes spent continuing to strangle them after they've lost consciousness. That doesn't happen by accident any more than being stabbed multiple times happens by accident.
It is difficult to understand the relevance of your, "I had to kill him because he was gay" comment.
I don't see why. It's not that long ago that male defendants were succeeding in court with the defence that they panicked and killed a man for wanting to have sex with them. We put a stop to that defence, and we could put a stop to this as well if we wanted to.
On reflection, feel I should add: there's zero evidence that Grace Millane asked to have her breathing restricted, just a self-serving claim to that effect by a proven liar. Comparing her to Peter Plumley-Walker is insulting.
Don't be an idiot PM! The defence was not necessarily invalid or as you say, "fucked up". It was properly presented and appropriately tested in the Mullane case – hence the guilty verdict.
I'm surprised that as the royal we, you managed to put a stop to the "I had to kill him because he was gay" defence. Wasn't it something to do with judicial direction to temper the influence of homophobic jurors?
"We" as in the people of New Zealand, via our constituted authorities.
A defence that the victim effectively consented to their murder may not be invalid under NZ law right now, but it should be. "Accidentally" strangling someone to death is like "accidentally" stabbing them a dozen times with a knife – there's no plausible "accident" there.
So why bother with the inconvenience of evidence or trials – Duterte no doubt has a job for you. Thank goodness your concepts of 'justice' don't have a place in NZ. By the way, consent to a dangerous sexual act is not the same as consenting to being murdered. Actually, wasn't that properly raised for the consideration of the jury?
we live in a society that can't even manage consent for non-dangerous sex across the population*, I think arguing that consent is the relevant issue here misses the elephant in the living room.
So why bother with the inconvenience of evidence or trials
Because it has to be established that the accused is in fact the murderer. If the accused admits to being the murderer but pleads not guilty, as this one did, the trial should be pretty short because the defence of "I strangled her to death by accident" shouldn't be available.
And if that were to make men feel that squeezing women's throats during sex just wasn't worth the thrill any more, I'm not seeing any down side to that.
By the way, consent to a dangerous sexual act is not the same as consenting to being murdered.
First, there's no evidence Grace Millane consented to a dangerous sexual act. Second, yes that was considered by the jury and rightly rejected on the basis that, even if the accused didn't have intent to kill he was reckless in continuing to do something that was likely to kill his victim.
The Crimes Act says people can't consent to being killed, so in a sense, that's provided for. The issue here is where the line is drawn on what people can consent to. Can someone consent to sexual activity that may result in death? Common law on the issue is that consent to bodily harm requires a public interest test, so surgery is fine, but BDSM has not been heavily tested in this area, and while light pressure on the neck is not bodily harm, it's a fine line between that and unconsciousness, which is probably not acceptable.
"Are you saying that any death related to sexual acts is comparable to gay bashing murders?"
no, but I am close to saying that any man who chooses to have sex that involves strangulation of his partner, should know that they will not be able to use 'sex gone wrong' as a defence and can expect to face a murder charge. It then becomes a simple choice of is this pleasure worth the risk?
My reason for this is that there is an emerging trend of women being murdered and this defence being used. You can have a look at the UK, where the law is different than in the NZ and there are greater numbers of this defence being used.
People's kink is a personal thing but at at societal level I don't think the right to one kind of pleasure trumps the right to be free from the risk of murder. People in the kink and BDSM communities are saying that there are safe ways to do this sex act, so it's on individuals to learn those skills if they want to do it. Watching something on youtube probably doesn't count.
I also think it's on those communities to speak out against the act as something for lay people to do and to push back against things like sharing on social media how to strangle women without killing them. I have no doubt that people skilled in this kink know what they are doing, but likewise I have no doubt that there are sadistic fucks doing it without regard for the wellbeing of their partner or motivated by the need to cause harm. That latter group not being restricted to the men who kill their partners.
There's also the issue of the number of women feeling pressured to have this kind of sex. There's a societal balance to be had between promoting sex positivity and not promoting violence or degradation of women. The latter is already a significant problem, exacerbated by the kinds of porn that many men are using, and it's obvious that strangulation is now a part of that dynamic. Don't believe me? Spend some time online listening to what women are saying.
Thanks for putting this information out here weka. I too have been noticing an increasing number of reports internationally along the 'consensual rough sex gone bad' defense line and I have the sense that it is a significant part of the increase in misogynistic trends.
Yep. Time we went for nuance and got past the binary thinking that this a sex positivity vs prudery issue. We can't have a sex positive culture when rape culture misogyny not only exists but is developing new forms off the back of sex positive culture.
Firstly…aficionados of 'kink' need to understand that there is very little new or innovative in what they're into. It has, quite possibly, been done before .
Secondly, there needs to be some serious thinking and discussion of what is acceptable kink, and what is rape and abuse and murder in disguise.
Standard is life imprisonment with a minimum non-parole period of 10 years. I'm not sure if there is anything about this crime that dictates a sentence outside that, but wouldn't surprise me if the actions afterwards earn him longer.
One of them had a first strike, and they committed murder as part of a robbery, so they automatically met the criteria for minimum of 17 years non-parole.
104 Imposition of minimum period of imprisonment of 17 years or more
(1) The court must make an order under section 103 imposing a minimum period of imprisonment of at least 17 years in the following circumstances, unless it is satisfied that it would be manifestly unjust to do so:
(a) if the murder was committed in an attempt to avoid the detection, prosecution, or conviction of any person for any offence or in any other way to attempt to subvert the course of justice; or
(b) if the murder involved calculated or lengthy planning, including making an arrangement under which money or anything of value passes (or is intended to pass) from one person to another; or
(c) if the murder involved the unlawful entry into, or unlawful presence in, a dwelling place; or
(d) if the murder was committed in the course of another serious offence; or
(e) if the murder was committed with a high level of brutality, cruelty, depravity, or callousness; or
(ea) if the murder was committed as part of a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002); or
(f) if the deceased was a constable or a prison officer acting in the course of his or her duty; or
(g) if the deceased was particularly vulnerable because of his or her age, health, or because of any other factor; or
(h) if the offender has been convicted of 2 or more counts of murder, whether or not arising from the same circumstances; or
I read the sentencing order, the first strike definitely had an impact. In part, because the previous convictions were used as a reason to uplift the sentence, but also because of section 86E of the Sentencing Act:
"When murder is a stage-2 or stage-3 offence
(1) This section applies if—
(a) an offender is convicted of murder; and
(b) that murder is a stage-2 offence or a stage-3 offence.
(2) If this section applies, the court must—
(a) sentence the offender to imprisonment for life for that murder; and
(b) order that the offender serve that sentence of imprisonment for life without parole unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so.
(3) If the court does not make an order under subsection (2)(b), the court must give written reasons for not doing so.
(4) If the court does not make an order under subsection (2)(b), the court must,—
(a) if that murder is a stage-3 offence, impose a minimum period of imprisonment of not less than 20 years unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so; and
(b) if that murder is a stage-2 offence, or if the court is satisfied that a minimum period of imprisonment of not less than 20 years under paragraph (a) would be manifestly unjust, order that the offender serve a minimum period of imprisonment in accordance with section 103.
(5) If, in the case of a stage-3 offence, the court imposes under subsection (4)(a) a minimum period of imprisonment of less than 20 years, the court must give written reasons for doing so.
(6) If, in the case of a stage-2 offence, the court makes an order under subsection (4)(b) and the offender does not, at the time of sentencing, have a record of final warning, the court must—
(a) warn the offender of the consequences if the offender is convicted of any serious violent offence committed after that warning; and
(b) record that the offender has been warned in accordance with paragraph (a).
(7) It is not necessary for a Judge to use a particular form of words in giving the warning.
(8) On the entry of a record under subsection (6)(b), the offender has a record of final warning.
(9) The court must give the offender a written notice that sets out the consequences if the offender is convicted of any serious violent offence committed after the warning given under subsection (6)(a)."
The judge found that a sentence of life without parole would be manifestly unjust, but landed on 20 years 9 months after considering all the factors.
Alwyn, all that was necessary was for you (or anyone) to point out that I'd missed one.
I'm not a lawyer, so I err on the side of caution. Two mods have pointed out the need for caution here. Repeating what I had just deleted from your previous comment is either incredibly stupid or you think you get to decide what puts the site at risk (you don't). Do that again and expect a ban.
I need you to acknowledge what I just said. You cannot repeat something that has been deleted by a mod, even to tell a mod to remove another comment. It puts the site at risk. You're in premod until this gets sorted out.
Well can you please tell me how I can try and bring something to the attention of a moderator without it appearing on the blog?
Would it work if I was to corrupt the Mail address? If I put xxxxx@windowslive.com say would it get flagged to be looked at without going straight to the blog? After all that would be flagged as being a new commentator wouldn't it and go into moderation automatically.
Then I could say something like –
"Don't publish this.
Look at comment by Fred. He appears to me to be breaching the suppression order when he says xyz."
Would that get to a moderator and only a moderator? If it did it would seem to let me give a warning without making it public.
Or does just warning a moderator count as breaching a suppression order and get everyone in trouble?
I realise what you are on about. The problem I had was that you deleted my comment, which was fine by me, but you had missed the other ones that were even more explicit and that I was trying to bring up as being, possibly, out of line.
I thought I should make another attempt to warn you. The alternative is simply to take no action at all when a warning of some kind is appropriate.
[you seem to still be missing the key point here. Commenters ARE NOT ALLOWED to repost material that has been deleted, especially where it was deleted because it put the site at risk. If you do it is likely you will get a long ban. The only reason you haven’t is because the two mods looking at this think it’s better for the community for this exchange to be instructional.
There is zero problem with pointing out to moderators any problematic comment. Just don’t copy and paste or paraphrase it. In this case a simple reply to me saying “comment x.x.x seems to be an issue as well” or similar would have worked. Giving a link to the specific comment always helps.
Yes, making a comment with a changed name or email address will drop it into moderation (assuming it’s not been used before). Please don’t put legally problematic content in that comment, but as above give a reference to the comment you want the mods to look at, a link is best. Don’t tell mods what to do, instead let them know there is a potential problem. – weka]
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Labour is calling for the Government to urgently rethink its coalition commitment to restart live animal exports, Labour animal welfare spokesperson Rachel Boyack said. ...
Today’s Financial Stability Report has once again highlighted that poverty and deep inequality are political choices - and this Government is choosing to make them worse. ...
The Green Party is calling on the Government to do more for our households in most need as unemployment rises and the cost of living crisis endures. ...
Unemployment is on the rise and it’s only going to get worse under this Government, Labour finance spokesperson Barbara Edmonds said. Stats NZ figures show the unemployment rate grew to 4.3 percent in the March quarter from 4 percent in the December quarter. “This is the second rise in unemployment ...
The New Zealand Labour Party welcomes the entering into force of the European Union and New Zealand free trade agreement. This agreement opens the door for a huge increase in trade opportunities with a market of 450 million people who are high value discerning consumers of New Zealand goods and ...
The National-led Government continues its fiscal jiggery pokery with its Pharmac announcement today, Labour Health spokesperson Ayesha Verrall says. “The government has increased Pharmac funding but conceded it will only make minimal increases in access to medicine”, said Ayesha Verrall “This is far from the bold promises made to fund ...
This afternoon’s interim Waitangi Tribunal report must be taken seriously as it affects our most vulnerable children, Labour children’s spokesperson Willow-Jean Prime. ...
Te Pāti Māori are demanding the New Zealand Government support an international independent investigation into mass graves that have been uncovered at two hospitals on the Gaza strip, following weeks of assault by Israeli troops. Among the 392 bodies that have been recovered, are children and elderly civilians. Many of ...
Our two-tiered system for veterans’ support is out of step with our closest partners, and all parties in Parliament should work together to fix it, Labour veterans’ affairs spokesperson Greg O’Connor said. ...
Stripping two Ministers of their portfolios just six months into the job shows Christopher Luxon’s management style is lacking, Labour Leader Chris Hipkins said. ...
Tonight’s court decision to overturn the summons of the Children’s Minister has enabled the Crown to continue making decisions about Māori without evidence, says Te Pāti Māori spokesperson for Children, Mariameno Kapa-Kingi. “The judicial system has this evening told the nation that this government can do whatever they want when ...
It appears Nicola Willis is about to pull the rug out from under the feet of local communities still dealing with the aftermath of last year’s severe weather, and local councils relying on funding to build back from these disasters. ...
The Government is making short-sighted changes to the Resource Management Act (RMA) that will take away environmental protection in favour of short-term profits, Labour’s environment spokesperson Rachel Brooking said today. ...
Labour welcomes the release of the report into the North Island weather events and looks forward to working with the Government to ensure that New Zealand is as prepared as it can be for the next natural disaster. ...
The Labour Party has called for the New Zealand Government to recognise Palestine, as a material step towards progressing the two-State solution needed to achieve a lasting peace in the region. ...
Some of our country’s most important work, stopping the sexual exploitation of children and violent extremism could go along with staff on the frontline at ports and airports. ...
The Government’s Fast Track Approvals Bill will give projects such as new coal mines a ‘get out of jail free’ card to wreak havoc on the environment, Labour Leader Chris Hipkins said today. ...
The government's decision to reintroduce Three Strikes is a destructive and ineffective piece of law-making that will only exacerbate an inherently biased and racist criminal justice system, said Te Pāti Māori Justice Spokesperson, Tākuta Ferris, today. During the time Three Strikes was in place in Aotearoa, Māori and Pasifika received ...
Cuts to frontline hospital staff are not only a broken election promise, it shows the reckless tax cuts have well and truly hit the frontline of the health system, says Labour Health spokesperson Ayesha Verrall. ...
The Green Party has joined the call for public submissions on the fast-track legislation to be extended after the Ombudsman forced the Government to release the list of organisations invited to apply just hours before submissions close. ...
New Zealand’s good work at reducing climate emissions for three years in a row will be undone by the National government’s lack of ambition and scrapping programmes that were making a difference, Labour Party climate spokesperson Megan Woods said today. ...
More essential jobs could be on the chopping block, this time Ministry of Education staff on the school lunches team are set to find out whether they're in line to lose their jobs. ...
Te Pāti Māori is disgusted at the confirmation that hundreds are set to lose their jobs at Oranga Tamariki, and the disestablishment of the Treaty Response Unit. “This act of absolute carelessness and out of touch decision making is committing tamariki to state abuse.” Said Te Pāti Māori Oranga Tamariki ...
New Zealand Sign Language Week is an excellent opportunity for all Kiwis to give the language a go, Disabilities Issues Minister Louise Upston says. This week (May 6 to 12) is New Zealand Sign Language (NZSL) Week. The theme is “an Aotearoa where anyone can sign anywhere” and aims to ...
Six tertiary students have been selected to work on NASA projects in the US through a New Zealand Space Scholarship, Space Minister Judith Collins announced today. “This is a fantastic opportunity for these talented students. They will undertake internships at NASA’s Ames Research Center or its Jet Propulsion Laboratory (JPL), where ...
New Zealanders will be safer because of a $1.9 billion investment in more frontline Corrections officers, more support for offenders to turn away from crime, and more prison capacity, Corrections Minister Mark Mitchell says. “Our Government said we would crack down on crime. We promised to restore law and order, ...
The OECD’s latest report on New Zealand reinforces the importance of bringing Government spending under control, Finance Minister Nicola Willis says. The OECD conducts country surveys every two years to review its members’ economic policies. The 2024 New Zealand survey was presented in Wellington today by OECD Chief Economist Clare Lombardelli. ...
The Government has delivered on its election promise to provide a financially sustainable model for Auckland under its Local Water Done Well plan. The plan, which has been unanimously endorsed by Auckland Council’s Governing Body, will see Aucklanders avoid the previously projected 25.8 per cent water rates increases while retaining ...
Foreign Minister Winston Peters discussed the need for an immediate ceasefire in Gaza, and enhanced cooperation in the Pacific with German Foreign Minister Annalena Baerbock during her first official visit to New Zealand today. "New Zealand and Germany enjoy shared interests and values, including the rule of law, democracy, respect for the international system ...
The Minister Responsible for RMA Reform, Chris Bishop today released his decision on four recommendations referred to him by the Western Bay of Plenty District Council, opening the door to housing growth in the area. The Council’s Plan Change 92 allows more homes to be built in existing and new ...
Thank you, John McKinnon and the New Zealand China Council for the invitation to speak to you today. Thank you too, all members of the China Council. Your effort has played an essential role in helping to build, shape, and grow a balanced and resilient relationship between our two ...
The Government is modernising insurance law to better protect Kiwis and provide security in the event of a disaster, Commerce and Consumer Affairs Minister Andrew Bayly announced today. “These reforms are long overdue. New Zealand’s insurance law is complicated and dated, some of which is more than 100 years old. ...
The coalition Government is refreshing its approach to supporting pay equity claims as time-limited funding for the Pay Equity Taskforce comes to an end, Public Service Minister Nicola Willis says. “Three years ago, the then-government introduced changes to the Equal Pay Act to support pay equity bargaining. The changes were ...
Structured literacy will change the way New Zealand children learn to read - improving achievement and setting students up for success, Education Minister Erica Stanford says. “Being able to read and write is a fundamental life skill that too many young people are missing out on. Recent data shows that ...
Trade Minister Todd McClay says Canada’s refusal to comply in full with a CPTPP trade dispute ruling in our favour over dairy trade is cynical and New Zealand has no intention of backing down. Mr McClay said he has asked for urgent legal advice in respect of our ‘next move’ ...
The rights of our children and young people will be enhanced by changes the coalition Government will make to strengthen oversight of the Oranga Tamariki system, including restoring a single Children’s Commissioner. “The Government is committed to delivering better public services that care for our most at-risk young people and ...
The Government is making it easier for minor changes to be made to a building consent so building a home is easier and more affordable, Building and Construction Minister Chris Penk says. “The coalition Government is focused on making it easier and cheaper to build homes so we can ...
New Zealand lost a true legend when internationally renowned disability advocate Sir Robert Martin (KNZM) passed away at his home in Whanganui last night, Disabilities Issues Minister Louise Upston says. “Our Government’s thoughts are with his wife Lynda, family and community, those he has worked with, the disability community in ...
Good evening – Before discussing the challenges and opportunities facing New Zealand’s foreign policy, we’d like to first acknowledge the New Zealand Institute of International Affairs. You have contributed to debates about New Zealand foreign policy over a long period of time, and we thank you for hosting us. ...
From today, passengers travelling internationally from Auckland Airport will be able to keep laptops and liquids in their carry-on bags for security screening thanks to new technology, Transport Minister Simeon Brown says. “Creating a more efficient and seamless travel experience is important for holidaymakers and businesses, enabling faster movement through ...
People with an interest in the health of Northland’s marine ecosystems are invited to a public meeting to discuss how to deal with kina barrens, Oceans and Fisheries Minister Shane Jones says. Mr Jones will lead the discussion, which will take place on Friday, 10 May, at Awanui Hotel in ...
Kiwi exporters are $100 million better off today with the NZ EU FTA entering into force says Trade Minister Todd McClay. “This is all part of our plan to grow the economy. New Zealand's prosperity depends on international trade, making up 60 per cent of the country’s total economic activity. ...
There are heartening signs that the extractive sector is once again becoming an attractive prospect for investors and a source of economic prosperity for New Zealand, Resources Minister Shane Jones says. “The beginnings of a resurgence in extractive industries are apparent in media reports of the sector in the past ...
The return of the historic Ō-Rākau battle site to the descendants of those who fought there moved one step closer today with the first reading of Te Pire mō Ō-Rākau, Te Pae o Maumahara / The Ō-Rākau Remembrance Bill. The Bill will entrust the 9.7-hectare battle site, five kilometres west ...
Energy Minister Simeon Brown has announced 25 new high-speed EV charging hubs along key routes between major urban centres and outlined the Government’s plan to supercharge New Zealand’s EV infrastructure. The hubs will each have several chargers and be capable of charging at least four – and up to 10 ...
The coalition Government will not proceed with the previous Government’s plans to regulate residential property managers, Housing Minister Chris Bishop says. “I have written to the Chairperson of the Social Services and Community Committee to inform him that the Government does not intend to support the Residential Property Managers Bill ...
The Government has announced an independent review into the disability support system funded by the Ministry of Disabled People – Whaikaha. Disability Issues Minister Louise Upston says the review will look at what can be done to strengthen the long-term sustainability of Disability Support Services to provide disabled people and ...
Justice Minister Paul Goldsmith has attended the Universal Periodic Review in Geneva and outlined the Government’s plan to restore law and order. “Speaking to the United Nations Human Rights Council provided us with an opportunity to present New Zealand’s human rights progress, priorities, and challenges, while responding to issues and ...
The Government and Rotorua Lakes Council are committed to working closely together to end the use of contracted emergency housing motels in Rotorua. Associate Minister of Housing (Social Housing) Tama Potaka says the Government remains committed to ending the long-term use of contracted emergency housing motels in Rotorua by the ...
Trade Minister Todd McClay heads overseas today for high-level trade talks in the Gulf region, and a key OECD meeting in Paris. Mr McClay will travel to Riyadh to meet with counterparts from Saudi Arabia and the Gulf Cooperation Council (GCC). “New Zealand’s goods and services exports to the Gulf region ...
Education Minister Erica Stanford has outlined six education priorities to deliver a world-leading education system that sets Kiwi kids up for future success. “I’m putting ambition, achievement and outcomes at the heart of our education system. I want every child to be inspired and engaged in their learning so they ...
The new NZ Transport Agency (NZTA) App is a secure ‘one stop shop’ to provide the services drivers need, Transport Minister Simeon Brown and Digitising Government Minister Judith Collins say. “The NZTA App will enable an easier way for Kiwis to pay for Vehicle Registration and Road User Charges (RUC). ...
Whānau with tamariki growing up in emergency housing motels will be prioritised for social housing starting this week, says Associate Housing Minister Tama Potaka. “Giving these whānau a better opportunity to build healthy stable lives for themselves and future generations is an essential part of the Government’s goal of reducing ...
Racing Minister Winston Peters has paid tribute to an icon of the industry with the recent passing of Dave O’Sullivan (OBE). “Our sympathies are with the O’Sullivan family with the sad news of Dave O’Sullivan’s recent passing,” Mr Peters says. “His contribution to racing, initially as a jockey and then ...
Assalaamu alaikum, greetings to you all. Eid Mubarak, everyone! I want to extend my warmest wishes to you and everyone celebrating this joyous occasion. It is a pleasure to be here. I have enjoyed Eid celebrations at Parliament before, but this is my first time joining you as the Minister ...
Associate Health Minister David Seymour has announced Pharmac’s largest ever budget of $6.294 billion over four years, fixing a $1.774 billion fiscal cliff. “Access to medicines is a crucial part of many Kiwis’ lives. We’ve committed to a budget allocation of $1.774 billion over four years so Kiwis are ...
Hon Paula Bennett has been appointed as member and chair of the Pharmac board, Associate Health Minister David Seymour announced today. "Pharmac is a critical part of New Zealand's health system and plays a significant role in ensuring that Kiwis have the best possible access to medicines,” says Mr Seymour. ...
Hundreds of New Zealand families affected by Fetal Alcohol Spectrum Disorder (FASD) will benefit from a new Government focus on prevention and treatment, says Health Minister Dr Shane Reti. “We know FASD is a leading cause of preventable intellectual and neurodevelopmental disability in New Zealand,” Dr Reti says. “Every day, ...
Regional Development Minister Shane Jones today attended the official opening of Kaikohe’s new $14.7 million sports complex. “The completion of the Kaikohe Multi Sports Complex is a fantastic achievement for the Far North,” Mr Jones says. “This facility not only fulfils a long-held dream for local athletes, but also creates ...
Foreign Minister Winston Peters’ engagements in Türkiye this week underlined the importance of diplomacy to meet growing global challenges. “Returning to the Gallipoli Peninsula to represent New Zealand at Anzac commemorations was a sombre reminder of the critical importance of diplomacy for de-escalating conflicts and easing tensions,” Mr Peters ...
Ambassador Millar, Burgemeester, Vandepitte, Excellencies, military representatives, distinguished guests, ladies and gentlemen – good morning and welcome to this sacred Anzac Day dawn service. It is an honour to be here on behalf of the Government and people of New Zealand at Buttes New British Cemetery, Polygon Wood – a deeply ...
Distinguished guests - It is an honour to return once again to this site which, as the resting place for so many of our war-dead, has become a sacred place for generations of New Zealanders. Our presence here and at the other special spaces of Gallipoli is made ...
Mai ia tawhiti pamamao, te moana nui a Kiwa, kua tae whakaiti mai matou, ki to koutou papa whenua. No koutou te tapuwae, no matou te tapuwae, kua honoa pumautia. Ko nga toa kua hinga nei, o te Waipounamu, o te Ika a Maui, he okioki tahi me o ...
This episode of A View From Afar was recorded LIVE on May 6, 2024 (NZST) which is Sunday evening, May 5, 2024 at 8:30pm (USEST). In an analytical essay titled ‘A moment of friction’ political scientist Dr Paul Buchanan wrote how we are living within a decisive moment ...
Source: The Conversation (Au and NZ) – By Alison Taylor, Assistant Professor, Bond University Metro Goldwyn Mayer Pictures At the crux of the critical response to Luca Guadagnino’s new movie Challengers is one word: “sexy”. The film charts a love triangle between three up-and-coming tennis players: Tashi (Zendaya), ...
Source: The Conversation (Au and NZ) – By Jenny Stewart, Professor of Public Policy, ADFA Canberra, UNSW Sydney For years, First Nations people have been telling governments they want to be listened to. In particular, they want more ownership of the programs and services that are supposed to help them. ...
Source: The Conversation (Au and NZ) – By Gregory Moore, Senior Research Associate, School of Ecosystem and Forest Sciences, The University of Melbourne Why do trees have bark? Julien, age 6, Melbourne. This is a great question, Julien. We are so familiar with bark on trees, that most of us ...
Source: The Conversation (Au and NZ) – By Anthony Nasser, Senior Lecturer in Physiotherapy, University of Technology Sydney PeopleImages.com – Yuri A/Shutterstock The anterior cruciate ligament (ACL) is an important ligament in the knee. It runs from the thigh bone (femur) to the shin bone (tibia) and helps stabilise ...
Source: The Conversation (Au and NZ) – By Adrian Beaumont, Election Analyst (Psephologist) at The Conversation; and Honorary Associate, School of Mathematics and Statistics, The University of Melbourne I covered the May 2 United Kingdom local government elections for The Poll Bludger. The Blackpool South parliamentary byelection was also held, ...
Source: The Conversation (Au and NZ) – By Deanna Grant-Smith, Professor of Management, University of the Sunshine Coast The federal government has announced a “Commonwealth Prac Payment” to support selected groups of students doing mandatory work placements. Those who are studying to be a teacher, nurse, midwife or social ...
We round up everything coming to streaming services this week, including Netflix, Amazon Prime, Disney+, Apple TV+, ThreeNow, Neon and TVNZ+. If you love a dark comedy: Bodkin (Netflix, May 9)An English podcaster, an Irish podcaster and American podcaster walk into a pub and…make a TV show? ...
By Eleisha Foon, RNZ Pacific senior journalist A Pacific regionalism academic has called out New Zealand’s Foreign Affairs Minister Winston Peters for withholding information from the public on AUKUS and says the security deal “raises serious questions for the Pacific region”. Auckland University of Technology academic Dr Marco de Jong ...
How worried should we be about the cloud? This is an excerpt from our weekly environmental newsletter Future Proof. Sign up here. I currently have a few thousand unread emails languishing in my inbox, mostly old marketing newsletters and piles of unread science journal press releases. I have a similar number ...
Source: The Conversation (Au and NZ) – By Nuurrianti Jalli, Assistant Professor of Communication Studies College of Arts and Sciences Department of Languages, Literature, and Communication Studies, Northern State University Amid the COVID-19 pandemic, Southeast Asian governments not only have to deal with the virus but also with the false ...
Source: The Conversation (Au and NZ) – By David Murakami Wood, Professor of Critical Surveillance and Securities Studies, L’Université d’Ottawa/University of Ottawa The skyline of Riyadh, the capital and largest city of the Kingdom of Saudia Arabia.(Shutterstock) There is a long history of planned city building by both governments ...
The LIVE Recording of A View from Afar podcast will begin today at 12:45pm May 6, 2024 (NZST) which is Sunday evening, 8:30pm (USEST). In an analytical essay titled ‘A moment of friction’ political scientist Dr Paul Buchanan wrote how we are living within a decisive moment of ...
The Boil Up’s Lucinda Bennett considers the oyster – from freshness to pearls to the joy of shucking your own. This is an excerpt from our weekly food newsletter, The Boil Up. In Carmen Maria Machado’s short story ‘Eight Bites’, a woman begins her last supper before bariatric surgery with “a cavalcade ...
Asia Pacific Report A group of 65 Auckland University academics have written an open letter to vice-chancellor Dawn Freshwater criticising the institution’s stance over students protesting in solidarity with Palestine. They have called on her administration to “support” the students who were denied permission to establish an “overnight encampment” by ...
The Student Volunteer Army is on the march, generating approximately 1.6 million hours of volunteering from roughly 35,000 secondary school students in just five years. For Rebekah Brown, the pathway to volunteering started with her singing coach. With a passion for the arts, the suggestion to volunteer at Acting Antics, ...
Keeping up with online communication can be exhausting, so Fran Barclay enlisted the help of Meta’s new ‘intelligent assistant’ to respond to all her messages. Could her mates tell the difference? For centuries, technology has ruled the ways in which we communicate. From the dawn of written language, to the ...
Jamie Arbuckle, a councillor who has become an member of parliament, says he has settled into having two roles so comfortably he's going to keep both pay cheques. ...
Source: The Conversation (Au and NZ) – By Luis Gómez Romero, Senior Lecturer in Human Rights, Constitutional Law and Legal Theory, University of Wollongong Fifty years ago, Australian feminist Anne Summers denounced “the ideology of sexism” governing over so many women’s lives. Unfortunately, sexism is as lethal today as it ...
Source: The Conversation (Au and NZ) – By Jose Antonio Lara-Hernandez, Senior Researcher in Architecture, Auckland University of Technology Getty Images The COVID-19 pandemic and the hybrid work patterns it fostered have changed the way we think about office space, and central business districts in general. While fears ...
Source: The Conversation (Au and NZ) – By Dale Boccabella, Associate Professor of Taxation Law, UNSW Sydney There’s a good reason your local volunteer-run netball club doesn’t pay tax. In Australia, various nonprofit organisations are exempt from paying income tax, including those that do charitable work, such as churches. ...
Source: The Conversation (Au and NZ) – By Marina Deller, Casual Academic, Creative Writing and English Literature, Flinders University NetflixComedy is opening up spaces for silences to be broken and trauma stories to be told. In 2018, Hannah Gadsby started a revolution with Nanette, asking audiences to rethink ...
The workplace can be a minefield of bad comms and passive aggression. Kinksters can help you navigate it. A friend and colleague recently gave me a compliment I loved. They told me I’d always been good at emotional communication and making people feel comfortable. “But I feel like it’s really ...
Even if some students are now just texting on their laptops. Stewart Sowman-Lund writes in this excerpt from The Bulletin, The Spinoff’s morning news round-up. To receive The Bulletin in full each weekday, sign up here. ...
Councils from Horowhenua, Kāpiti, Wairarapa, the Hutt Valley, Porirua and Wellington City will meet this Friday to work together on a plan for a Greater Wellington region water deal. ...
Renowned musician, advocate, and proud born and raised daughter of Tauranga, Ria Hall, is announcing her candidacy for Mayor of Tauranga and Pāpāmoa Ward for the upcoming election on July 20th. ...
The new Aotearoa histories curriculum is rich with potential. There’s still work to be done, but the education minister’s criticisms about ‘balance’ miss the mark, argues primary school teacher Jessie Moss. In 2015, Ōtorohanga College students presented to parliament a petition signed by more than 10,000 people calling for a ...
For too long our so-called national bird has maintained its stranglehold on the economy of regional New Zealand. Thanks to the fast track legislation, we will have our revenge. Theories abound on what ails New Zealand’s economy. National leader Chris Luxon has posited that we’re negative, wet, whiny, and inward-looking; ...
For the past 12 years, Georgia-Rose Brown has balanced on the brink of making an Olympic Games – but always landed gracefully on the wrong side. Reaching the Olympics is a dream the gymnast has harboured since she was a six-year-old; a dream that would dwindle every four years, yet ...
Late one afternoon in March 1860 a man in a thin green velveteen jacket and a wide-awake hat arrived on foot at a sheep station named Glenmark, about 65 kilometres north of Christchurch. The man was in his mid-fifties but he looked older. Several people who met him that day ...
If building one of Auckland’s possible waterfront stadiums was funded privately, it would need to hold a sold-out Ed Sherran concert every weekday for 25 years. That’s Rob Hamlin’s finding – he’s a senior marketing lecturer at the University of Otago. “It’s not going to happen; forget about it,” he ...
Comment: The debate over the future relationship between news and social media is bringing us closer to a long-overdue reckoning. Social media isn’t trying to kill journalism, because social media has never really cared about journalism. Social media is resolutely in the attention business. News propels some attention — perhaps ...
Loading…(function(i,s,o,g,r,a,m){var ql=document.querySelectorAll('A,DIV,A[data-quiz],DIV[data-quiz]'); if(ql){if(ql.length){for(var k=0;k<ql.length;k++){ql[k].id='quiz-embed-'+k;ql[k].href="javascript:var i=document.getElementById('quiz-embed-"+k+"');try{qz.startQuiz(i)}catch(e){i.start=1;i.style.cursor='wait';i.style.opacity='0.5'};void(0);"}}};i['QP']=r;i[r]=i[r]||function(){(i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o),m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m)})(window,document,'script','https://take.quiz-maker.com/3012/CDN/quiz-embed-v1.js','qp'); Got a good quiz question?Send Newsroom your questions. The post Newsroom daily quiz, Monday 6 May appeared first on Newsroom. ...
Source: The Conversation (Au and NZ) – By Michelle Grattan, Professorial Fellow, University of Canberra A new Commonwealth Prac Payment will provide students with $319.50 a week when they are on clinical and professional placements. The payment will be means tested and start from July 1 next year, which ...
Asia Pacific Report About 500 people honoured Palestinian journalists in the heart of the New Zealand city of Auckland today for their brave coverage of Israel’s War on Gaza, now in its seventh month with almost 35,000 people killed, mostly women and children. Marking the annual May 3 World Press ...
The Government Communications Security Bureau denies hosting a foreign spying capability flagged by the watchdog, differentiating it from the system recently criticised. ...
RNZ News A group of academic staff at New Zealand’s largest university have expressed concern at the administration’s move to block a protest encampment that was planned to take place on campus calling for support for the rights of Palestinians. This week, the University of Auckland warned that while it ...
Genterwocky After a hard days marching, Sir Doocey calls in at the Village Tavern For a pint of ale and a pork pie. The grim villagers stare at him. “Do not be travelling on the forest road,” warns a crusty old beak. “And why is that, antique peasant?” Grins Sir ...
Political conferences after a party returns to power are usually a chance for some healthy, even unhealthy backslapping. Yet National Party president Sylvia Wood’s address to its mainland representatives on Saturday hardly contained the unalloyed delight that one might have expected following National’s escape from the wilderness of opposition. Yes, ...
Comment: Almost half the world is voting in national elections this year and artificial intelligence is the elephant in the room. There are genuine fears AI-generated or AI-edited deepfakes will potentially manipulate election outcomes not just in the US and UK, but critically in countries such as India. For that ...
Ahead of the reality franchise’s return to New Zealand, allow us to introduce the eight brides and grooms. Chuck on a veil and tie back your man bun, because it’s time to say “I do” to a new season of Married at First Sight NZ. The reality TV “social experiment” ...
Source: The Conversation (Au and NZ) – By Andrew Norton, Professor in the Practice of Higher Education Policy, Australian National University Every year on June 1, student debt in Australia is indexed to inflation. In 2023, high inflation pushed the indexation rate to 7.1%, the highest since 1990. This ...
Source: The Conversation (Au and NZ) – By Michelle Grattan, Professorial Fellow, University of Canberra Changes in the May 14 budget will cut the student debt of more than three million people, wiping more than $3 billion from what people owe. The government will cap the HELP indexation rate ...
Asia Pacific Report The prosecutor’s office at the International Criminal Court (ICC) has appealed for an end to what it calls intimidation of its staff, saying such threats could constitute an offence against the “administration of justice” by the world’s permanent war crimes court. The Hague-based office of ICC Prosecutor ...
By Patrick Decloitre, RNZ Pacific correspondent French Pacific desk A women’s union in New Caledonia has staged a sit-in protest this week to support senior Kanak indigenous journalist Thérèse Waia, who works for public broadcaster Nouvelle-Calédonie la Première, after a smear attack by critics. The peaceful demonstration was held on ...
New Zealand Food Safety is monitoring overseas recalls of Indian packaged spice products manufactured by MDH and Everest due to concerns over a cancer-causing pesticide. ...
By Stephen Wright and Stefan Armbruster of BenarNews Fiji’s ranking in a global press freedom index has jumped into the top tier of countries with free or mostly free media after its government last year repealed a draconian law that threatened journalists with prison for doing their jobs. Fiji’s improvement ...
We might be in Invercargill but all anyone can talk about is Gore. Specifically, Salford Street. That’s where three-year-old Lachlan Jones lived, south of the centre of town, between the A&P Showgrounds and the Mataura River. Roughly 1.2 km away from the single level home he lived in with his ...
MONDAY I lined up the latest round of civil servants from city hall against the wall, and signalled for the firing squad to drop their rifles. I stepped up onto a wooden crate to look at the office workers in the eye. But that didn’t feel right, so I found ...
Keen hiker and second-year MSc student Liam Hewson wears two hats when he’s in the great outdoors. “The scientist in me appreciates nature and goes, ‘Oh, there’s that thing and there’s another thing,’ but then the tramper and the outdoorsy person in me thinks, ‘Cool bush.’” Born and bred in ...
https://twitter.com/domesticanimal/status/1197572264293629952
Thats even funnier when you realise the National Party Foundation has prices for 'a brick'
BUY A FOUNDATION BRICK
LEVELS 2 – 4: $500+, $1000+, $5000+
I would think the beehive basement has been well and truly 'mined' by now.
Not that the Tory rag Stuff will say anything like that, just platitudes from Bridges
Do they give people an actual brick? Or is a wall being built somewhere?
Just another brick in the wall
Still recruiting wombats.
A former Auckland Labour Party luminary came up with that idea once. We were all supposed to buy a brick for I dunno… think it was a $1000 and it would have our name engraved on it. Most of us came to the conclusion we did not want to buy a bloody brick at that price.
The idea was shelved.
Thanks weka, that is brilliant.
Good, now hopefully the piece of shit is named and never let out of jail.
https://www.stuff.co.nz/national/crime/117069680/grace-millane-murder-trial-latest-updates
name suppression stands, and reasons for that are suppressed too.
https://twitter.com/Alisonmau/status/1197738204473856000
thank fuck
this.
Nope. Moderators here will need to be vigilant.
10 years isnt the standard no parole period any more , its more like 17-18 years
This was just last week
20 years and 17 years 9 months
Quite simply put, anybody who puts this site at legal risk receives an instant permanent or at least a lengthy ban, regardless of who they are. This applies to this case and in general.
I haven't been able to find the details of the name suppression order online. Anyone?
Details of suppression orders are typically not put online.
In the usual obsolete way that the law has, they are targeted at the people present in court – including media.
However they apply to everyone.
how would the public know if they were breaching the suppression order if they don't know what it covers?
It is an issue… Essentially the link runs back into the original source sitting in the court.
Agree. I've suggested that to mods.
I think the suppression order is only temporary.
Depends on what the judge thinks is justified.
"I strangled her to death by accident" has to be the most fucked-up defence seriously contemplated by a jury since they banned the "I had to kill him because he was gay" defence. I feel embarrassed for my country that this will be getting so much coverage in the UK.
Oh you sexual puritan PM! Guess you never even wanked since you seem totally ignorant of some of some people's sexual preferences. By the way, does the name Peter Plumley-Walker ring a bell? In this case, the defence was far from 'fucked-up' in that the scenario presented was quite probable, particularly when there was evidence that the victim was not averse to BDSM practices and also had not been under any coercion regarding the 'hook-up'. Fortuitously, there was evidence to support the contention that the death was not accidental in the minds of the jury members, but this was not a certainty. It is difficult to understand the relevance of your, "I had to kill him because he was gay" comment. Are you saying that any death related to sexual acts is comparable to gay bashing murders? Hopefully you will not die of a heart attack while in flagrante delicto. Under your perverted legal interpretation, your sexual partner could end up being incarcerated for a long time because of your over-excitement.
Bullshit. There's a world of difference between indulging someone's kink for playing at having their breath cut off and spending upwards of five minutes strangling them to death, including at least a couple of minutes spent continuing to strangle them after they've lost consciousness. That doesn't happen by accident any more than being stabbed multiple times happens by accident.
It is difficult to understand the relevance of your, "I had to kill him because he was gay" comment.
I don't see why. It's not that long ago that male defendants were succeeding in court with the defence that they panicked and killed a man for wanting to have sex with them. We put a stop to that defence, and we could put a stop to this as well if we wanted to.
On reflection, feel I should add: there's zero evidence that Grace Millane asked to have her breathing restricted, just a self-serving claim to that effect by a proven liar. Comparing her to Peter Plumley-Walker is insulting.
Don't be an idiot PM! The defence was not necessarily invalid or as you say, "fucked up". It was properly presented and appropriately tested in the Mullane case – hence the guilty verdict.
I'm surprised that as the royal we, you managed to put a stop to the "I had to kill him because he was gay" defence. Wasn't it something to do with judicial direction to temper the influence of homophobic jurors?
"We" as in the people of New Zealand, via our constituted authorities.
A defence that the victim effectively consented to their murder may not be invalid under NZ law right now, but it should be. "Accidentally" strangling someone to death is like "accidentally" stabbing them a dozen times with a knife – there's no plausible "accident" there.
So why bother with the inconvenience of evidence or trials – Duterte no doubt has a job for you. Thank goodness your concepts of 'justice' don't have a place in NZ. By the way, consent to a dangerous sexual act is not the same as consenting to being murdered. Actually, wasn't that properly raised for the consideration of the jury?
we live in a society that can't even manage consent for non-dangerous sex across the population*, I think arguing that consent is the relevant issue here misses the elephant in the living room.
*by which I mean men.
So why bother with the inconvenience of evidence or trials
Because it has to be established that the accused is in fact the murderer. If the accused admits to being the murderer but pleads not guilty, as this one did, the trial should be pretty short because the defence of "I strangled her to death by accident" shouldn't be available.
And if that were to make men feel that squeezing women's throats during sex just wasn't worth the thrill any more, I'm not seeing any down side to that.
By the way, consent to a dangerous sexual act is not the same as consenting to being murdered.
First, there's no evidence Grace Millane consented to a dangerous sexual act. Second, yes that was considered by the jury and rightly rejected on the basis that, even if the accused didn't have intent to kill he was reckless in continuing to do something that was likely to kill his victim.
The Crimes Act says people can't consent to being killed, so in a sense, that's provided for. The issue here is where the line is drawn on what people can consent to. Can someone consent to sexual activity that may result in death? Common law on the issue is that consent to bodily harm requires a public interest test, so surgery is fine, but BDSM has not been heavily tested in this area, and while light pressure on the neck is not bodily harm, it's a fine line between that and unconsciousness, which is probably not acceptable.
But it is still a defense for women "I killed him because he tried to have sex with me against my will".
Men being raped, is still treated as a joke.
Can you give some examples of where that defence is used KJT?
(it would be good if we could avoid use the term sex when talking about rape).
Self-defence is still a defence for everybody, not just women.
"Are you saying that any death related to sexual acts is comparable to gay bashing murders?"
no, but I am close to saying that any man who chooses to have sex that involves strangulation of his partner, should know that they will not be able to use 'sex gone wrong' as a defence and can expect to face a murder charge. It then becomes a simple choice of is this pleasure worth the risk?
My reason for this is that there is an emerging trend of women being murdered and this defence being used. You can have a look at the UK, where the law is different than in the NZ and there are greater numbers of this defence being used.
https://wecantconsenttothis.uk/ (content warning for descriptions of extreme sexual and physical violence against women)
People's kink is a personal thing but at at societal level I don't think the right to one kind of pleasure trumps the right to be free from the risk of murder. People in the kink and BDSM communities are saying that there are safe ways to do this sex act, so it's on individuals to learn those skills if they want to do it. Watching something on youtube probably doesn't count.
I also think it's on those communities to speak out against the act as something for lay people to do and to push back against things like sharing on social media how to strangle women without killing them. I have no doubt that people skilled in this kink know what they are doing, but likewise I have no doubt that there are sadistic fucks doing it without regard for the wellbeing of their partner or motivated by the need to cause harm. That latter group not being restricted to the men who kill their partners.
There's also the issue of the number of women feeling pressured to have this kind of sex. There's a societal balance to be had between promoting sex positivity and not promoting violence or degradation of women. The latter is already a significant problem, exacerbated by the kinds of porn that many men are using, and it's obvious that strangulation is now a part of that dynamic. Don't believe me? Spend some time online listening to what women are saying.
Thanks for putting this information out here weka. I too have been noticing an increasing number of reports internationally along the 'consensual rough sex gone bad' defense line and I have the sense that it is a significant part of the increase in misogynistic trends.
SSDD, but now being packaged differently.
Yep. Time we went for nuance and got past the binary thinking that this a sex positivity vs prudery issue. We can't have a sex positive culture when rape culture misogyny not only exists but is developing new forms off the back of sex positive culture.
Firstly…aficionados of 'kink' need to understand that there is very little new or innovative in what they're into. It has, quite possibly, been done before .
Secondly, there needs to be some serious thinking and discussion of what is acceptable kink, and what is rape and abuse and murder in disguise.
I am pretty sure anyone who wants to know his name already does
[Don’t play with fire because you and others might get burned – Incognito]
See my Moderation note @ 5:20 AM.
Standard is life imprisonment with a minimum non-parole period of 10 years. I'm not sure if there is anything about this crime that dictates a sentence outside that, but wouldn't surprise me if the actions afterwards earn him longer.
Not 'standard' 10 years anymore its more like 17-18 years
A sentence last week for murder for 2 defendants gave 20 yrs and 17 yrs 9 months
One of them had a first strike, and they committed murder as part of a robbery, so they automatically met the criteria for minimum of 17 years non-parole.
Nothing to do with previous first strike
The legislation says
(a) if the murder was committed in an attempt to avoid the detection, prosecution, or conviction of any person for any offence or in any other way to attempt to subvert the course of justice; or
(b) if the murder involved calculated or lengthy planning, including making an arrangement under which money or anything of value passes (or is intended to pass) from one person to another; or
(c) if the murder involved the unlawful entry into, or unlawful presence in, a dwelling place; or
(d) if the murder was committed in the course of another serious offence; or
(e) if the murder was committed with a high level of brutality, cruelty, depravity, or callousness; or
(ea) if the murder was committed as part of a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002); or
(f) if the deceased was a constable or a prison officer acting in the course of his or her duty; or
(g) if the deceased was particularly vulnerable because of his or her age, health, or because of any other factor; or
(h) if the offender has been convicted of 2 or more counts of murder, whether or not arising from the same circumstances; or
(i) in any other exceptional circumstances.
https://en.wikipedia.org/wiki/Life_imprisonment_in_New_Zealand
I read the sentencing order, the first strike definitely had an impact. In part, because the previous convictions were used as a reason to uplift the sentence, but also because of section 86E of the Sentencing Act:
"When murder is a stage-2 or stage-3 offence
(1) This section applies if—
(a) an offender is convicted of murder; and
(b) that murder is a stage-2 offence or a stage-3 offence.
(2) If this section applies, the court must—
(a) sentence the offender to imprisonment for life for that murder; and
(b) order that the offender serve that sentence of imprisonment for life without parole unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so.
(3) If the court does not make an order under subsection (2)(b), the court must give written reasons for not doing so.
(4) If the court does not make an order under subsection (2)(b), the court must,—
(a) if that murder is a stage-3 offence, impose a minimum period of imprisonment of not less than 20 years unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so; and
(b) if that murder is a stage-2 offence, or if the court is satisfied that a minimum period of imprisonment of not less than 20 years under paragraph (a) would be manifestly unjust, order that the offender serve a minimum period of imprisonment in accordance with section 103.
(5) If, in the case of a stage-3 offence, the court imposes under subsection (4)(a) a minimum period of imprisonment of less than 20 years, the court must give written reasons for doing so.
(6) If, in the case of a stage-2 offence, the court makes an order under subsection (4)(b) and the offender does not, at the time of sentencing, have a record of final warning, the court must—
(a) warn the offender of the consequences if the offender is convicted of any serious violent offence committed after that warning; and
(b) record that the offender has been warned in accordance with paragraph (a).
(7) It is not necessary for a Judge to use a particular form of words in giving the warning.
(8) On the entry of a record under subsection (6)(b), the offender has a record of final warning.
(9) The court must give the offender a written notice that sets out the consequences if the offender is convicted of any serious violent offence committed after the warning given under subsection (6)(a)."
The judge found that a sentence of life without parole would be manifestly unjust, but landed on 20 years 9 months after considering all the factors.
Is this a caption contest? If it is I'm in;
Taxpayers pay to promote fishing show.
Alwyn, all that was necessary was for you (or anyone) to point out that I'd missed one.
I'm not a lawyer, so I err on the side of caution. Two mods have pointed out the need for caution here. Repeating what I had just deleted from your previous comment is either incredibly stupid or you think you get to decide what puts the site at risk (you don't). Do that again and expect a ban.
Yes. That was all I was trying to show.
I'm glad to see you have removed all the offending comments.
I need you to acknowledge what I just said. You cannot repeat something that has been deleted by a mod, even to tell a mod to remove another comment. It puts the site at risk. You're in premod until this gets sorted out.
Well can you please tell me how I can try and bring something to the attention of a moderator without it appearing on the blog?
Would it work if I was to corrupt the Mail address? If I put xxxxx@windowslive.com say would it get flagged to be looked at without going straight to the blog? After all that would be flagged as being a new commentator wouldn't it and go into moderation automatically.
Then I could say something like –
"Don't publish this.
Look at comment by Fred. He appears to me to be breaching the suppression order when he says xyz."
Would that get to a moderator and only a moderator? If it did it would seem to let me give a warning without making it public.
Or does just warning a moderator count as breaching a suppression order and get everyone in trouble?
I realise what you are on about. The problem I had was that you deleted my comment, which was fine by me, but you had missed the other ones that were even more explicit and that I was trying to bring up as being, possibly, out of line.
I thought I should make another attempt to warn you. The alternative is simply to take no action at all when a warning of some kind is appropriate.
[you seem to still be missing the key point here. Commenters ARE NOT ALLOWED to repost material that has been deleted, especially where it was deleted because it put the site at risk. If you do it is likely you will get a long ban. The only reason you haven’t is because the two mods looking at this think it’s better for the community for this exchange to be instructional.
There is zero problem with pointing out to moderators any problematic comment. Just don’t copy and paste or paraphrase it. In this case a simple reply to me saying “comment x.x.x seems to be an issue as well” or similar would have worked. Giving a link to the specific comment always helps.
Yes, making a comment with a changed name or email address will drop it into moderation (assuming it’s not been used before). Please don’t put legally problematic content in that comment, but as above give a reference to the comment you want the mods to look at, a link is best. Don’t tell mods what to do, instead let them know there is a potential problem. – weka]
mod note for you above.
Ok. I have read it and will do what you say.
"Crime, once exposed, has no refuge but in audacity." — Roman historian Tacitus